Employment — age discrimination

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United States Court of Appeals For the Seventh Circuit

Civil

Employment — age discrimination

Where a terminated employee was both the oldest and best performing employee, summary judgment was improperly granted to the employer on his age discrimination claim.

“More generally, the company claims that Mullin underperformed. Temco asserts that Mullin’s performance was declining, a position Mullin contests. After leading his colleagues in fiscal-year 2009 and 2008 sales, Mullin was again leading them in 2010 sales prior to his termination. Temco discounts his Salesman of the Year Awards, arguing that he had the “best” territory and should have sold more fire trucks, especially compared to his allegedly underachieving colleagues. Mullin disputes the characterization of his territory as the most desirable market, and this dispute is material: if Temco’s characterization is inaccurate, it would enhance Mullin’s qualifications as compared to his somewhat younger colleagues whom Temco did not fire. Mullin was the oldest salesman during his tenure at Temco.”

Reversed and Remanded.

13-1338 Mullin v. Temco Machinery, Inc.

Appeal from the United States District Court for the Southern District of Indiana, Pratt, J., Flaum, J.