United States Sixth Circuit

In an action raising state-law age discrimination claims, a decision rejecting such claims as a matter of law is affirmed in part as to failure-to-hire claims, but reversed in part where: 1) one claim was barred by the statute of limitations; 2) another claim failed because the company offered a nondiscriminatory, non-pretextual reason for its decision; but 3) a claim based on retaliation deserved further consideration because a reasonable jury could infer that the company had knowledge of this lawsuit and took an adverse employment action because of it.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

• Before:  DAUGHTREY and SUTTON, Circuit Judges;  and POLSTER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John D. Agee, Ridenour & Ridenour, Clinton, Tennessee, for Appellant.  Edward G. Phillips, Kramer Rayson, Knoxville, Tennessee, for Appellee.   ON BRIEF:  John D. Agee, Ridenour & Ridenour, Clinton, Tennessee, for Appellant.  Edward G. Phillips, Francis L. Lloyd, Kramer Rayson, Knoxville, Tennessee, for Appellee.