When people think of age discrimination, they often picture corporate boardrooms where older employees are pushed out in favor of younger, “fresh” talent. But age discrimination doesn’t just happen in offices—it can happen anywhere, even in police departments. Just ask Gary McNeal, a seasoned police officer who served the City of Blue Ash, Ohio, for over three decades, only to find himself under scrutiny and ultimately fired in what he claims was a campaign of employment discrimination resulting in a hostile work environment, retaliation, and eventually his wrongful termination.
Let’s break down McNeal’s case and discuss how his experience shines a spotlight on the broader issue of employment discrimination.
Gary McNeal was a 61-year-old police officer with over thirty-three years of law enforcement experience when he was terminated by the City of Blue Ash in November 2018. He had worked for the Blue Ash Police Department for 17 of those years. So, what led to his dismissal? McNeal claims that after a new police chief, Scott Noel, took charge, he faced relentless scrutiny and was disciplined for minor infractions that younger officers often got away with. This, he claims, led to his wrongful termination. But was it really age discrimination, or did the City have a legitimate reason to fire him?
What Constitutes Age Discrimination Under the Law?
Under the Age Discrimination in Employment Act of 1967 (“ADEA”), it is illegal for an employer to discriminate against an employee aged 40 or older due to their age. The United States Court of Appeals for the Sixth Circuit, which reviewed McNeal’s case, stated that to succeed in an age discrimination claim, an employee must prove that age was the “but-for” reason for an adverse employment action—meaning that if not for their age, the employer wouldn’t have taken the action it did.
Best Age Discrimination Lawyer Blogs on Point:
- Age Discrimination Is Illegal No Matter How Old An Employee Gets
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What is Pretext in an Age Discrimination Claim?
Sometimes, an employer will try to cover up their true motives by providing a seemingly legitimate reason for firing an employee. This is called “pretext.” To prove pretext, an employee must show that the employer’s stated reasons for termination are not based on fact, didn’t actually motivate the action, or were insufficient to justify the termination.
McNeal argued that the reasons given for his termination—violating numerous Department policies, including failing to use his microphone during traffic stops and not notifying dispatch when he wasn’t responding to an emergency with lights and sirens—were merely pretext for age discrimination. He pointed to testimony from other officers who said that older officers faced greater scrutiny and discipline than their younger counterparts.
But the Sixth Circuit didn’t bite. They ruled that McNeal couldn’t show that the City’s reasons were false. He didn’t contest many of the infractions he was accused of, including a history of dishonesty that could harm his credibility as a witness in court. As the Court noted, an employer must disclose such issues to criminal defendants under the law, which means McNeal couldn’t perform a key part of his job—testifying in court. Because of this, the Court held that age couldn’t be the “but-for” cause of his termination (McNeal, 2024 WL 4262532, at *10).
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What is a Hostile Work Environment?
Beyond his claim of wrongful termination, McNeal also alleged that he was subjected to a hostile work environment because of his age. A hostile work environment exists when discriminatory behavior is so severe or pervasive that it creates an abusive work setting for the employee. To succeed, McNeal needed to show that the environment was filled with intimidation, ridicule, and insult based on his age, and that this conduct altered the conditions of his employment.
McNeal claimed that his supervisors assigned him humiliating tasks, such as conducting traffic studies usually reserved for specialists, and scrutinized him more harshly than younger officers. The Sixth Circuit found these allegations credible enough to revive McNeal’s hostile work environment claim, ruling that a jury could find that his workplace was “permeated with discriminatory intimidation, ridicule, and insult” (McNeal, 2024 WL 4262532, at *13). This ruling shows that even if you can’t prove that age was the “but-for” cause of your termination, you may still have a viable claim if your workplace environment is abusive.
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How Can an Employee Prove a Hostile Work Environment Based on Age?
To prove a hostile work environment claim under the ADEA, an employee must show:
- They are over forty years old.
- They were subjected to harassment based on age.
- The harassment was severe or pervasive enough to create an intimidating, hostile, or offensive work environment.
- There is a basis for holding the employer liable for the harassment.
In McNeal’s case, he pointed to evidence that his supervisors laughed and “giggled” while disciplining him for minor violations. One officer testified that McNeal’s supervisors enjoyed “messing with” him, and another stated that McNeal’s assignments were designed to embarrass him. If true, this behavior could easily qualify as creating a hostile work environment. And it wasn’t just McNeal who felt targeted—multiple officers testified that older officers were treated more harshly than their younger colleagues.
Can Age Discrimination and Retaliation Coexist?
Absolutely. Retaliation occurs when an employer takes an adverse action against an employee because they engaged in a protected activity, such as filing a complaint about discrimination. McNeal claimed that his disciplinary issues began only after he challenged a performance review in 2015. He argued that the Department’s actions were not just age discrimination but also retaliation for speaking up.
While the Sixth Circuit didn’t buy this argument in McNeal’s case, it’s crucial to remember that retaliation claims can succeed even when the underlying discrimination claim fails. If you suspect that you’re being targeted because you stood up for yourself or reported illegal behavior, it’s vital to document everything and consult with an employment lawyer.
What Should Employees Do If They Suspect They Are Victims of Age Discrimination or Retaliation?
If you believe that you’re being targeted because of your age or because you spoke out against discrimination, it’s essential to take action to protect your rights. Here are some steps to consider:
- Document Everything: Keep detailed records of any discriminatory or retaliatory actions taken against you, including emails, memos, and notes from conversations with supervisors.
- File a Complaint: Report the discrimination or retaliation to your HR department or another appropriate authority. Make sure your complaint is in writing and keep a copy for your records.
- Seek Legal Advice: Age discrimination cases are notoriously complex. It’s crucial to consult with an experienced employment attorney who can assess your situation and help you determine the best course of action.
- Stay Informed: Know your rights under the ADEA and state laws. Understanding what employment discrimination looks like is the first step in recognizing if it’s happening to you.
- Consider Legal Representation: If you decide to take legal action, choose the best firm for the job. At Spitz, The Employee’s Law Firm, we are one of the largest firms in the United States dedicated solely to employee rights, offering free initial consultations and a no-fee guarantee. With vast trial experience, a history of great results, and a commitment to empathy and care, we are your best choice for holding employers accountable.
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How Do You Know You Have the Best Lawyer for an Employment Law Case?
If you suspect you’re a victim of employment discrimination, you need the best representation. But how do you know if you’ve chosen the right lawyer for your case? An ideal employment lawyer should have extensive experience in employment law, a proven track record of success, and a genuine commitment to protecting employee rights.
At Spitz, The Employee’s Law Firm, we focus solely on employment law and are known for our vast trial experience and history of winning complex cases. Our team of dedicated attorneys is passionate about fighting for justice and holding employers accountable. We believe that having the best representation can make all the difference in achieving a favorable outcome in your case.
Disclaimer:
The information provided in this blog is for general informational purposes only and should not be construed as legal advice regarding age discrimination, employment discrimination, or any other legal matter. For advice tailored to your specific situation, you should consult with a qualified employment lawyer. No promises or guarantees are being made, and this blog is a legal advertisement. If you have questions about your rights as an employee or believe you may have a claim, contact Spitz, The Employee’s Law Firm for a free initial consultation. Employment law can be complex, and every case is unique. Consulting with a dedicated attorney can help you understand your rights and the best way to proceed.