— Posts About Age Discrimination and Employment Act

Firm Defeats Summary Judgement in Age Discrimination Case

On December 22, Judge Voorhees in the Western District of North Carolina denied defendant’s motion for summary judgment in Fox v. Alexander County.  Terry Fox, the plaintiff, had been employed by Alexander County EMS since 1983 and had been promoted several times. In 2006, Fox was demoted and replaced by a younger worker, purportedly because of a slow response to a call.  The Judge, however, concluded that plaintiff had “ample evidence” that would allow a reasonable jury to believe that the reasons the county gave for demoting Fox – mainly that his team did not meet a standard response time on a call – were a pretext for age discrimination.

Accordingly, Fox’s claims for age discrimination under the Age Discrimination and Employment Act (ADEA) and under North Carolina state law can proceed to trial.  This decision is a significant victory because North Carolina federal courts rarely rule for employment law plaintiffs when deciding summary judgment motions.  Fox is represented by Joshua Van Kampen.

More from the opinion below:  Read more…

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