Acevedo-Parrilla v. Novartis Ex-Lax, Inc., No. 10-2276 (1st Cir. 2012)Annotate this Case
In this adverse employment action, Plaintiff appealed the district court's award of summary judgment to his former employer ("the Company") on his claims of age discrimination in violation of the Age Discrimination in Employment Act. On appeal, the First Circuit Court of Appeals noted inconsistencies between the Company's stated reasons for dismissal and Plaintiff's performance record at the Company, the lack of credibility that could be ascribed by a jury to certain of the Company's justifications for dismissal, and the fact that in response to arguably similar conduct by Plaintiff's younger replacement, the Company took no disciplinary action. The First Circuit reversed the district court's grant of summary judgment, holding that there was sufficient evidence presented on summary judgment from which a jury could draw the permissible inference that the Company's claimed reasons for terminating Plaintiff were pretextual and that the decision was the result of discriminatory animus.