Flowers v. WestRock Services, Inc., No. 20-1230 (6th Cir. 2020)
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Flowers worked as a pipefitter and welder for 30 years at Graphic before retiring. A few years later, WestRock was looking for pipefitters. WestRock’s online application included sections titled “Required Skills and Experience” and “Additional Requirements,” requiring that the applicant be able to read blueprints. Flowers applied. The application did not ask for a date of birth (Flowers was 71). WestRock HR forwarded the application to Klon, a team lead, and Bumgart, a supervisor. From his prior experience working with Flowers at Graphic, Klon felt that Flowers demonstrated a poor work ethic. Klon recalled specific incidents. Bumgart contacted a friend who had worked with Flowers at Graphic; that friend told Bumgart to “stay away” from hiring Flowers. Fecteau declined Flowers’ application. Flowers learned that a younger, less experienced worker was hired and sued under the Age Discrimination in Employment Act. During discovery, Flowers admitted that he does not know how to read building blueprints nor does he have experiences listed in Required Skills. He had refused to get certified for certain welding activities because he “didn’t want to be a welder anyway.”
The Sixth Circuit affirmed a judgment in favor of WestRock. Flowers failed to establish a prima facie case of age discrimination because he was not “otherwise qualified” for the position given his inability to read blueprints or select pipes and his unwillingness to weld. He failed to show that WestRock’s reasons for not hiring him were false.
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