Thiessen v. General Electric Capital Corp.
United States Court of Appeals for the Tenth Circuit
267 F.3d 1095 (2001)
- Written by Mary Phelan D'Isa, JD
Facts
Gary Thiessen (plaintiff), an employee of General Electric Corporation and Montgomery Ward Credit Services, Inc. (GE) (defendants), filed a putative class action under the Age Discrimination in Employment Act (ADEA) against GE and alleged that GE had engaged in pattern-or-practice discrimination that adversely affected Thiessen and other similarly situated employees. Thiessen specifically alleged that GE employed a policy of discriminating against older White employees, who GE referred to as blockers because they allegedly stood in the way of advancing younger employees. The district court, using an ad hoc approach to decide whether the plaintiffs were similarly situated for an ADEA action, initially certified a class of 23 plaintiffs, but then it decertified the class because Thiessen did not supply a sufficient link between the alleged blocker policy and each opt-in plaintiff. The court also dismissed the opt-in plaintiffs and granted summary judgment for GE on Thiessen’s individual claims. Thiessen appealed.
Rule of Law
Issue
Holding and Reasoning (Briscoe, J.)
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