Edward Ackerman v. Diamond Shamrock Corporation

Summary

The Sixth Circuit affirmed summary judgment for Diamond Shamrock Corporation in Edward Ackerman's age-discrimination action under the ADEA. The court held that Ackerman's early retirement was voluntary and that the record contained no genuine issue of material fact showing that age motivated the elimination of his position.

Holdings

1. Ackerman voluntarily retired and therefore was not discharged within the meaning of the ADEA.
2. The record contained no genuine issue of material fact that Ackerman was discriminated against because of his age.
3. Summary judgment was appropriate because Ackerman presented no evidence beyond conclusory allegations creating a genuine issue for trial.

Questions Presented

1. Whether Ackerman's early retirement was involuntary and therefore constituted a discharge under the ADEA.
2. Whether the record contained a genuine issue of material fact that Ackerman's age was a factor in Diamond's decision to eliminate his position and propose early retirement.
3. Whether summary judgment was properly granted in favor of Diamond Shamrock.

Disposition

affirmed