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Eighth Circuit Finds Health Insurance Costs Could Be Proxy for Age When Employer Laid Off 'Oldest and Sickest'
Wolters Kluwer Law & Business Link to more items from this source
Oct. 9, 2014
"Evidence that an employer asked its health insurer for lower rates because it laid off its 'oldest and sickest' employees, that it disciplined an employee for poor performance after she refused to choose Medicare rather than the company health plan, and that she was the only one to have been issued a reprimand and put on probation could suggest that age was the but-for cause of her termination and that her purported performance issues were merely pretext, ruled an Eighth Circuit panel, reversing summary judgment for the employer on her ADEA discrimination and retaliation claims." [Tramp v. Associated Underwriters, Inc., No. 13-2546 (8th Cir. Oct. 7, 2014)]

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