Mora v. Jackson Memorial Foundation, Inc.
597 F. 3d 1201 (11th Cir. 2010)
An employee sued her former employer for wrongful termination under the Age Discrimination in Employment Act (“ADEA”). The district court granted summary judgment for the employer after concluding that the employer would have prevailed under a “same decision” affirmative defense (the employee would have been terminated for poor performance, absent any discrimination). On appeal, the circuit court reversed the summary judgment, holding that, based on a recent United States Supreme Court decision, “same decision” defenses are not applicable in ADEA cases. In ruling on a motion for summary judgment, the court must determine whether there is a question of material fact in the record as to whether the employer discriminated against the employee. Because the employee submitted the affidavits of two co-workers in support of her claim, there was a question of material fact and the case was remanded.