Swift Pork Worker Fired Over Text to Top Manager Gets Bias Trial

March 31, 2022, 9:02 PM UTC

A manager on a Swift Pork Co. cut floor who was fired at age 60 after sending a text message containing a swear word to his general manager may be able to prove age discrimination, an Iowa appeals court ruled.

That’s so whether David Feeback is held to a motivating-factor test on his claim under a state job-rights law or the stricter “but-for” cause standard, the Iowa Court of Appeals said Wednesday. The state supreme court has yet to settle which test applies at the summary judgment stage, but Feeback’s proof would support a jury finding for him under either ...

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