Mowery Youell & Galeano, Ltd.
Mowery Youell & Galeano, LTD. Attorneys at Law
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Employer's shifting explanations may evidence discrimination

The Sixth Circuit's age discrimination decision in Gaglioti v. Levin group, Inc., Sixth Circuit Case No. 11-3744 (Dec. 13, 2012), held shifting explanations for discharging an employee may constitute evidence of age discrimination.  Joseph Gaglioti worked in the employer's accounting department.  After ten months of employment, he was fired.  The employer initially reasoned that Gaglioti was fired because his temporary employment had ended.  But after Gaglioti filed suit and alleged that his employer fired him by considering his age, the employer argued that he was terminated due to poor performance.  The district court concluded that Gaglioti established a prima facie of age discrimination, but granted summary judgment in favor of the employer when it found that the employer presented a legitimate non-discriminatory reason for its discharge decision and Gaglioti failed to present any evidence that the decision was pretextual.

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