In an Age Discrimination in Employment Act action claiming discriminatory termination, summary judgment for defendant is affirmed where: 1) there was no evidence to indicate that plaintiff's supervisor's allegedly discriminatory mindset resulted in any adverse employment action; and 2) plaintiff was not replaced by another worker and was terminated as part of a reduction in force.
Argued: May 1, 2009
Decided and Filed: September 4, 2009
Opinion by Judge Gibbons
Concurrence by Judge Rogers