Goudeau v. National Oilwell Varco, L.P., No. 14-20241 (5th Cir. 2015)
Annotate this CasePlaintiff filed suit against his employer, NOV, after he was terminated, alleging claims of age discrimination and retaliation in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621, et seq., and the Texas Commission on Human Rights Act (TCHRA), Tex. Lab. Code Ann. 21.051, 21.055. ROA. 22–28. The district court granted summary judgment in favor of NOV and plaintiff appealed. The court concluded that the evidence plaintiff has identified was sufficient to allow a finding that age discrimination was the cause of his termination in violation of the ADEA. However, in regards to the retaliation claim, the court concluded that plaintiff was unable to establish the causal link in light of the temporal gap of 8–10 months between plaintiff’s complaint to HR and the adverse employment action and the absence of evidence that the supervisor even knew of the complaint to Human Resources about the “old farts” comment. Accordingly, the court affirmed as to the retaliation claim but reversed the discrimination claim. The court remanded for further proceedings.
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