Vichio v. US Foods, Inc., No. 22-1180 (7th Cir. 2023)
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The case involves Nicholas Vichio, a warehouse supervisor at US Foods, Inc. who was terminated after the arrival of a new vice president of operations, Charles Zadlo. Vichio, who had previously received positive performance reviews, was placed on a performance improvement plan by Zadlo and subsequently terminated. Vichio filed a lawsuit under the Age Discrimination in Employment Act. The district court granted summary judgment in favor of US Foods, concluding that Vichio failed to show that the performance issues cited were a pretext for discrimination.
On appeal, the United States Court of Appeals for the Seventh Circuit reversed the district court's judgment. The appellate court concluded that Vichio had presented sufficient evidence to allow a reasonable jury to infer discrimination. This evidence included the sudden negative performance reviews upon the arrival of Zadlo, the seemingly predetermined nature of Vichio's termination, the identical language in performance improvement plans for Vichio and another older employee, and the hiring of a younger employee to replace Vichio. The case was remanded for further proceedings consistent with the appellate court's opinion.
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