In Hodczak v. Latrobe Specialty Steel Company, No. 11-1085, the Third Circuit decided a case where employees within a protected class could be fired, as the employer was able to show the firing was for a clear violation of the company email policy. The Third Circuit found no age discrimination where four employees had been terminated for violating the company’s policy against emailing of sexually explicit pictures. The case arose when the company began an investigation of one of the four employees for sexual harassment.
For full article and summary of the Federal Age Discrimination in Employment Act claim (“ADEA”) and McDonnell Douglas Analysis see: No Age Discrimination in Termination Involving Sexually Explicit Emails; Article provided by Hanan M. Isaacs, P.C. at www.hananisaacs.com.
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