Age discrimination claim is dismissed after worker "failed to prove that younger workers were treated better."
The 59 year old plaintiff in Drazin v. Binson's Hosp. Supplies sued alleged age disrimination after his employment was terminated. Even though the Defendant conceded that the plaintiff established a prima facie case, the appellate panel upheld the summary disposition of his claim, without a jury determination, concluding that he failed to provide adequate evidence that alleged "customer complaints" were merely a pretext for his discharge.
In an opinion joined by Henry Saad, who virtually never decides in favor of employees or injury victims, the Court held that merely because the plaintiff was almost the oldest person in his department, and replaced (within one day) by a younger worker, he had no basis upon which to seek a judgment that the employer's actions were motivated by age discrimination.