Latest 2 Cases: Geoffroy v. Town of Winchendon (Civil Rights), Zabala-de Jesus v. Sanofi Aventis PR, Inc. (Civil Rights)

Disaster Relief to States and Cities Is Both Right and Good: Part 1 of 2

NEIL H. BUCHANAN

In this first of a series of columns about federal relief to state and local governments, UF Levin College of Law professor and economist Neil H. Buchanan provides the economic background to explain how unprecedented these times are and argues that supporting cities and states is essential to surviving this crisis.

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Geoffroy v. Town of Winchendon

Docket: 19-1573

Opinion Date: May 13, 2020

Judge: Sandra Lea Lynch

Areas of Law: Civil Rights, Labor & Employment Law, Personal Injury

The First Circuit affirmed the judgment of the district court granting summary judgment for Defendants on Plaintiff's age discrimination and Older Workers Benefit Protection Act (OWBPA) claims, holding that Plaintiff's OWBPA-compliant waiver and release were knowing and voluntary under federal common law. Plaintiff, a former Winchendon police officer, decided to resign with a pension after the Defendants determined that he had made several threats against his former girlfriend. Plaintiff resigned instead of facing termination and the possibility of losing his pension and being criminally charged. Plaintiff signed a separation agreement agreeing to waive and release any claims he had against Defendants up and through signing the agreement. Plaintiff later brought a complaint alleging age discrimination, retaliation, and defamation, alleging that the waiver and release in his separation agreement violated the OWBPA and were thus invalid. The district court granted summary judgment on the age discrimination and OWBPA claims for Defendants, and a jury found for Defendants on the retaliation and defamation claims. The Supreme Court affirmed the district court's grant of summary judgment, holding (1) the waiver and release did not violate the OWBPA and were knowing and voluntary; and (2) Defendant's argument that the district court abused its discretion in withdrawing an exhibit at trial was meritless.

Zabala-de Jesus v. Sanofi Aventis PR, Inc.

Docket: 18-1852

Opinion Date: May 13, 2020

Judge: David J. Barron

Areas of Law: Civil Rights, Labor & Employment Law

The First Circuit affirmed the decision of the district court granting summary judgment for Defendants on Plaintiff's claim under the Age Discrimination and Employment Act (ADEA), 29 U.S.C. 621-634, holding that Defendant put forward a legitimate, nondiscriminatory reason for its decision to terminate Plaintiff's employment. Plaintiff was let go from his position after a new, consolidated position went to another employee and because Plaintiff's performance ratings had declined over time. Plaintiff brought an age discrimination claim under the ADEA and under analogous Puerto Rico law. The district court granted Defendants' motion to dismiss the Puerto Rico law claims and granted summary judgment for Defendants on the ADEA claim. The First Circuit affirmed, holding that Plaintiff did not put forth evidence that sufficed to create a genuine issue of disputed material fact as to whether Defendant's proffered reason for selecting the other employee over him for the new, consolidated position was a pretext for age discrimination.