Steward v Sears, Roebuck & Co.

Opinion

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Gunnar Steward sued his employer, Sears, Roebuck & Co., for terminating him in violation of the Age Dis-crimination in Employment Act, 29 U.S.C. §§ 621 et seq. After trial, the jury found that Sears discriminated against him based on his age (50) and awarded him damages ($240,985). The Third Circuit reversed the district court's granting judgment as a matter of law to Sears. The Circuit court held that the court must consider not only the average age of those who assumed Steward's job duties, but also the age of each individual coworker who took over some portion of Steward's duties, as well as what portion of Steward's duties each assumed. Two individuals who assumed Steward's duties were in their 30s, while one was 45 and the other 60.

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Reference Info:Federal, 3rd Circuit, Pennsylvania | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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