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Collins v. Compass Group, Inc.

965 F. Supp. 2d 1321 (2013)

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Collins v. Compass Group, Inc.

United States District Court for the Northern District of Alabama

965 F. Supp. 2d 1321 (2013)

Facts

Robert Collins (plaintiff) was a dishwasher for a restaurant owned by Compass Group, Inc. (Compass) (defendant). A sous-chef who worked with Collins frequently made discriminatory comments about Collins’s age and wanting to replace Collins with a younger worker. One morning, the sous-chef complained to a supervisor that Collins had left his area dirty the night before. The supervisor inspected the area and saw that at least one part was still dirty and believed that the morning crew had cleaned up the other areas. The supervisor looked at Collins’s file, saw that Collins had previous performance complaints, and terminated Collins. The 60-year-old Collins sued Compass, alleging that he was terminated due to his age in violation of the Age Discrimination in Employment Act (ADEA). Compass moved for summary judgment on the grounds that Collins had no evidence of any age discrimination by Compass. In response, Collins presented evidence of the sous-chef’s ageist comments. Collins claimed that (1) the sous-chef’s complaint was discriminatory and (2) Compass had discriminated against Collins because it terminated him based on that discriminatory complaint.

Rule of Law

Issue

Holding and Reasoning (Kallon, J.)

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