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· 8/15/1988

Henry W. BIENKOWSKI, Plaintiff-Appellant, v. AMERICAN AIRLINES, INC., Defendant-Appellee

Citations

  • 851 F.2d 1503
  • 1988 U.S. App. LEXIS 11087
  • 47 Empl. Prac. Dec. (CCH) 38,196
  • 47 Fair Empl. Prac. Cas. (BNA) 971
  • 1988 WL 77659

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that comments requiring the employee to look “sharp” and criticizing an inability to adapt to new procedures constituted evidence of age discrimination
  • noting that summary judgement is not precluded where plaintiff presents no significant evidence that she is qualified
  • “Placing a plaintiffs ‘qualifications’ in issue at both the prima facie case and pretext stages of a termination case is an unnecessary redundancy.”
  • noting, pre-O’Connor, that a five year age differential \does not legally preclude the possibility of discrimination against [the plaintiff]” and that \it is a close question whether he established a prima facie case”
  • discussing the effect of replacement by another worker within the protected class on the prima facie case of age discrimination
  • “Placing a plaintiff’s ‘qualifications’ in issue at both the prima facie case and pretext stages of a termination case is an unnecessary redundancy.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wisdom, Rubin, Jones

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.