Summary
This memorandum opinion and order addresses Raytheon Company’s motion for summary judgment in Fred L. McDowell’s action under the Kentucky Civil Rights Act. McDowell alleges age discrimination and retaliation arising from his reassignment from the ELX line, subsequent workplace treatment, and a performance review. The opinion analyzes direct and circumstantial evidence, the McDonnell Douglas framework, the prima facie case, Raytheon’s asserted nondiscriminatory reason, and pretext; the provided text ends before the court’s final disposition.
Holdings
- McDowell presented sufficient evidence for a reasonable jury to find a prima facie case of age discrimination and to find Raytheon's stated reasons for reassigning him pretextual; summary judgment was therefore denied on the age-discrimination claim.
- McDowell failed to present evidence that he suffered a materially adverse employment action because of his complaints to human resources or the EEOC, so he could not establish a prima facie retaliation claim and Raytheon was entitled to summary judgment on that claim.
Questions Presented
- Whether McDowell presented sufficient evidence to create a genuine dispute of material fact on his Kentucky Civil Rights Act age-discrimination claim.
- Whether McDowell presented sufficient evidence that he suffered a materially adverse employment action in retaliation for reporting alleged age discrimination to human resources and the EEOC.
Disposition
other
Cases Cited (58)
- Minadeo v. ICI Paints, 398 F.3d 751, 761 (6th Cir. 2005)(followed)
- Street v. J.C. Bradford & Co., 886 F.2d 1472, 1479 (6th Cir. 1989)(followed)
- Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986)(followed)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 252 (1986)(followed)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986)(followed)
- Howard Baer, Inc. v. Schave, 127 S.W.3d 589, 592 (Ky. 2003)(followed)
- Williams v. Wal-Mart Stores, Inc., 184 S.W.3d 492, 495 (Ky. 2005)(followed)
- Bd. of Regents of N. Ky. Univ. v. Weickgenannt, 485 S.W.3d 299, 305 (Ky. 2016)(followed)
- Back v. Nestle USA, Inc., 694 F.3d 571, 575-76, 579 (6th Cir. 2012)(followed)
- Allen v. Highlands Hosp. Corp., 545 F.3d 387, 393 (6th Cir. 2008)(followed)
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