Age Discrimination in Employment Act

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7^th Circuit Court of Appeals

Case Name: Nicholas Vichio v. US Foods, Inc.

Case No.: 22-1180

Officials: Easterbrook, Jackson-Akiwumi, and Lee, Circuit Judges.

Focus: Age Discrimination in Employment Act

The case centers around Nicholas Vichio, a warehouse supervisor employed at US Foods, Inc., who faced termination following the appointment of Charles Zadlo as the new vice president of operations. Despite Vichio’s previously positive performance reviews, Zadlo initiated a performance improvement plan leading to Vichio’s dismissal. In response, Vichio filed a lawsuit under the Age Discrimination in Employment Act. The district court ruled in favor of US Foods, asserting that Vichio failed to demonstrate that the cited performance issues were a mere pretext for discrimination.

However, the Seventh Circuit overturned the district court. The appellate court determined that Vichio had presented enough evidence to support a reasonable inference of discrimination. This evidence encompassed the abrupt shift to negative performance reviews coinciding with Zadlo’s arrival, the seemingly predetermined nature of Vichio’s termination, the identical language in performance improvement plans for Vichio and another older employee, and the hiring of a younger replacement for Vichio. As a result, the case was remanded for further proceedings in accordance with the appellate court’s findings.

Reversed and Remanded.

Decided 12/15/23

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