A McDonald’s employee was told to “take it easy like my grandmother and retire,” according to a case currently pending before a federal district court in Pennsylvania. She was apparently working more slowly than McDonald’s wanted, so they fired her due to her “poor health and age.” The employee sued under the ADA, ADEA, and Pennsylvania Human Relations Act (PHRA), alleging age and disability discrimination. The evidence in the case includes the fact that McDonald’s had a “hit list” of older workers who it was about to terminate. The employee’s request to include this evidence at the trial was granted over McDonald’s objection. The court found that trial testimony by a witness regarding the hit list (in which the employee’s name was included) would not be hearsay. The “hit list” was also deemed an “admission” under the Rules of Evidence.
We will continue to monitor this interesting case. In the meantime, if your boss tells you it’s time to retire . . . tell him it’s time for you to call an employment lawyer.