Ronald D. McKinna v. Lasco, Inc.

Opinion

IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT JACKSON ----------------------------------------------------------------------------

RONALD D. McKINNA, ) ) Shelby Chancery Plaintiff/Appellant ) Case No. 104080-3R.D. v. ) ) LASCO, INC., ) Appeal No. 02A01-9604-CH-00083 ) Defendant/Appellee )

ORDER ON PETITION FOR RE-HEARING

We have for consideration a thoughtful petition to re-hear in which the

employer insists that our enquiry was abortive since we failed (1) to examine the

proffered reason for the employee’s termination, (2) to examine the plaintiff’s

evidence of pretext, and (3) to find that age discrimination was a motivating factor in

the determination.

We do not agree that the supervisor’s remarks “were no more than

circumstantial evidence of discrimination.” These remarks were more pointed than

those discussed in Brenner, which holds that

“11. A plaintiff may present a prima facie case of age discrimination by introducing evidence that he was adversely affected by the defendant’s employment decisions ‘under circumstances which give rise to an inference of unlawful discrimination.’ “

We continue to believe that the evidence presented was sufficient to

withstand summary judgment, and the petition is accordingly denied at the cost of

the appellee.

______________________________ William H. Inman, Senior Judge

______________________________ Alan E. Highers, Judge

______________________________ Holly K. Lillard, Judge