Jeff James and Laura Edwards recently obtained dismissal of an employee’s Charge of age discrimination and disparate treatment from the federal Equal Employment Opportunity Commission (“EEOC”). The employee alleged she was subjected to discipline on numerous occasions because of her age. She further alleged that her manager held her to higher standards than her peers and failed to enroll her in a communications class.
In response to the Charge, the employer submitted a detailed position statement with more than 30 exhibits, explaining that the employee was disciplined for ongoing performance and behavior problems. The employer’s evidence included eight serious reprimands the employee incurred in a two-year period due to her failure to follow mandatory procedures and behave in a professional manner. The employer was also able to show that it had provided extra training, supervision, and support to the employee despite the employee’s claim that she was treated less favorably than other employees.
The EEOC took eight months to investigate the matter before issuing a long-awaited Dismissal Notice.