Eleventh Circuit Nixes Worker’s Age Claim, Applicability of Staub Test in ADEA Cases

A 71-year-old supervisor failed with his discriminatory discharge claim under the Age Discrimination in Employment Act because he could not show that his age was the “but-for” cause of his termination or that his biased supervisor improperly influenced the manager who decided to fire him, the U.S. Court of Appeals for the Eleventh Circuit affirmed Jan. 17 (Sims v. MVM Inc., 11th Cir., 11-14481, 1/17/13).

The appeals court agreed that Solomon Sims was unable to establish that his selection as one of two supervisors eliminated by MVM Inc. in a reduction-in-force was not based on his poor ...