The Nashville office of the EEOC brought this action in the U.S. District Court for the Middle District of Tennessee, against Robertson Cheatham Farmers Corporation. The complaint, filed in March 2001, alleged age discrimination (72 years old) in violation of the Age Discrimination in Employment Act. Specifically, the complaint alleged that Defendant discharged the charging party after the charging party refused to quit. Defendant claimed that it terminated charging party because of health concerns and safety and because his skills had deteriorated, but the EEOC presented evidence that the charging party was capable of performing his job duties. Defendant hired a 29 year old replacement the day after it discharged the charging party. The complaint for this case was not available.

Defendant moved for summary judgment in June 2002 but the motion was denied in November 2002. A three day jury trial took place in July 2003, in which the jury rendered a verdict for the plaintiff in the amount of $37,043.36. One week later Defendant moved for judgment as a matter of law or in the alternative a new trial, or for remittitur, but the motion was denied in September 2003. Defendant then appealed the case two weeks later, but the jury verdict was affirmed in January 2005.

Shankar Viswanathan - 06/22/2007


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