LSP
Bienkowski v. American Airlines, Inc.
United States Court of Appeals, Fifth Circuit. August 15,1988
Why are we reading the case?
Did American violate the ADEA (Age Discrimination in Employment Act)
What court?
5th Circuit Court of Appeals
What is the story?
Bienkowski’s employment was terminated after a few years with American citing poor
performance (not meeting expectations) as the reason. Bienkowski claims that he was let go for
age related reasons
Parties
Bienkowski – Plaintiff/Appellant
American – Defendant/Appellee
Issue
Plaintiff challenging termination or demotion can ordinarily establish prima facie case of age
discrimination by showing that he continued to possess necessary qualifications for his job at time of
adverse action, or in other words, by showing that he had not suffered physical disability or loss of
necessary professional license or some other occurrence that rendered him unfit for position for which
he was hired. Age Discrimination in Employment Act of 1967, § 2 et seq., 29 U.S.C.A. § 621 et seq.
Prima facie case of age discrimination can be constructed where plaintiff was replaced by younger
worker, even if younger worker is himself within protected class; however, such showing is not
necessarily sufficient to prove prima facie case. Age Discrimination in Employment Act of 1967, § 2 et
seq., 29 U.S.C.A. § 621 et seq.
Rule
Prima facie case of age discrimination consists of evidence that plaintiff was discharged, was qualified
for position, was within protected class at time of discharge, was replaced by someone outside
protected class, or by someone younger, or otherwise shows that discharge was because of age. Age
Discrimination in Employment Act of 1967, § 2 et seq., 29 U.S.C.A. § 621 et seq.
Establishment of prima facie case of employment discrimination does not automatically entitle plaintiff
to jury determination of discrimination claim.
Employer's assertion that employee was not “qualified” for his job as security representative because
his supervisors became unsatisfied with his work was insufficient to defeat employee's prima facie case
of age discrimination. Age Discrimination in Employment Act of 1967, § 2 et seq., 29 U.S.C.A. § 621 et
seq.
Holding
Summary judgement for American from the lower court was improper
Reasoning
Since there were genuine conflicts of facts there was insufficient facts to assert that summary
judgement was proper and the case is to be reviewed in order to establish truth