United States Fifth Circuit

Findings of pretextual termination and willful age discrimination under the Age Discrimination in Employment Act are affirmed, but a back pay and liquidated damages award is reversed where plaintiff failed to mitigate his damages by seeking substantially equivalent employment.

Appellate Information

• Decided 05/20/2003
• Published 05/20/2003

Judges

• FITZWATER, District Judge:, Before SMITH and BARKSDALE, Circuit Judges, and FITZWATER, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Kathryn Neal Nester (argued), Christopher & Nester, Ridgeland, MS, Sherra L. Hillman, Waynesboro, MS, for Plaintiff-Appellee., Thomas Howard Wilson (argued), Merritt Banning Chastain, III, Vinson & Elkins, Houston, TX, for Defendant-Appellant.