In Cotter V

question 17

Multiple Choice

In Cotter v. Boeing , a 52 year old employee with 34 years on the job was downsized during a RIF. On a new performance scale prepared for the RIF, the one item at which she excelled was eliminated, and she scored badly, compared to a younger worker with less experience. The younger worker was retained. Earlier that same year, her supervisor had rated her as doing a great job. She sued under the ADEA, and the trial court entered Summary Judgment against her. On appeal, the court ruled:

• A) for the employer, because the employee scored poorly on the performance scale
• B) for the employer, because the employee had not conclusively proven that she was terminated because of her age
• C) for the employee because she had proven age discrimination in her termination
• D) for the employee, because she had raised material questions of fact, so that summary judgment was reversed, and the case remanded for trial

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