In Cotter v. Boeing , a 52 year old employee with 34 years on the job was downsized during a RIF. On a new performance scale prepared for the RIF, the one item at which she excelled was eliminated, and she scored badly, compared to a younger worker with less experience. The younger worker was retained. Earlier that same year, her supervisor had rated her as doing a great job. She sued under the ADEA, and the trial court entered Summary Judgment against her. On appeal, the court ruled:
A) for the employer, because the employee scored poorly on the performance scale
B) for the employer, because the employee had not conclusively proven that she was terminated because of her age
C) for the employee because she had proven age discrimination in her termination
D) for the employee, because she had raised material questions of fact, so that summary judgment was reversed, and the case remanded for trial

Question

Quizplus · Accepted Answer

The best choice is D because the court ruled in favor of the employee and reversed the summary judgment, meaning that there were material questions of fact that needed to be determined at trial. This suggests that the employee had presented enough evidence to create a genuine dispute about whether age discrimination was a factor in her termination. Choices A and B are incorrect because they suggest that the court ruled in favor of the employer, which is not the case. Choice C may be true, but it is not the best choice because it does not reflect the complexity of the ruling, which included a reversal of the summary judgment and remand for trial. The best answer is D, because the court ruled in favor of the employee and reversed the summary judgment, remanding the case for trial. This indicates that the court found that the employee had raised material questions of fact, which must be determined by a jury. Option A and B are incorrect, as they both rule in favor of the employer, while option C is too extreme, as it suggests that the employee had already proven age discrimination, which is not necessarily the case.

In Cotter V