Nicholson v. Securitas Security

Plaintiff was employed by Securitas, a security staffing company, and was placed as a receptionist at a company called Fidelity. Plaintiff filed suit against Securitas and Fidelity, alleging that they terminated her due to her age - she was 83-years-old. Plaintiff also alleged that Securitas terminated her in violation of Section 623(a) of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621−34, and sought liquidated damages, injunctive relief, and attorney’s fees. The court concluded that the district court erred as to the identity of the employer where Securitas has admitted that it was plaintiff's employer; there was some evidence which created a genuine dispute of material fact as to whether Securitas should have known of discrimination by Fidelity and the court reversed the grant of summary judgment as to this issue; and, depending on the outcome of the district court’s re-evaluation of whether Securitas did enough once learning Fidelity wanted plaintiff removed, the district court should also consider whether that re-evaluation affects its earlier analysis of Securitas’s decision to terminate her. Accordingly, the court affirmed in part, reversed in part, and remanded. View "Nicholson v. Securitas Security" on Justia Law