Baker v. Macon Resources, Inc.

Dist. Ct. erred in granting defendant-employer’s motion for summary judgment in ADEA action alleging that defendant terminated plaintiff for workplace misconduct on account of her age. Record contained triable issue as to motive for plaintiff’s termination, where plaintiff was allegedly terminated for failing to timely report abuse of disabled resident by co-worker, and where younger co-worker received lesser punishment when she was accused of failing to report suspicion that same co-worker had sexually abused disabled resident. Moreover, although decision-maker stated that plaintiff received more severe punishment because she had actually witnessed said abuse, while younger co-worker only held suspicion that sexual abuse of disabled resident had occurred, defendant’s workplace rules required that its employees make reports under each circumstance. Moreover, decision-maker failed to explain why defendant had failed to investigate plaintiff’s supervisors for committing similar infraction.