Norman Utley, Plaintiffs v. MCI, INC., MCI WorldCom Communications, INC., & MCI Network Services, INC. F/K.A MCI WorldCom Network Services, INC., Defendants. Civil action no. 3:05-CV-0046-K
Facts:
This is an age discrimination case arising out of MCI's decision to terminate twenty (collectively “Plaintiffs”) former MCI’s Employees.
This resulted from a reduction in force ("RIF"), where the companies declining financial condition, compelled a reduction in costs of its operations between 2001 and 2004. On January 6, 2005, those former employees filed suit against MCI alleging that MCI termination was a violation of the Age Discrimination in Employment Act. Of those twenty, nineteen made it to trial, where the court then granted MCI’s motion to separate the trials and divided Plaintiff’s into six groups based on the different organizations for which they worked. Three of MCI’s motions for summary judgment were denied, two discriminations claims, and one retaliation claim, for judgment evidence did not show a genuine issue of material fact.
Issue:
1.…show more content… Did MCI’s decision to terminate twenty employees violate the Age Discrimination in Employment Act?
2. Are Plaintiffs able to establish a prima facie case?
Statement of Law:
1. A plaintiff must show four things to make out a prima facie case of age discrimination. The plaintiff must show that (1) he was discharged; (2) he was qualified for the position; (3) he was within the protected class, meaning that he was at least 40 years of age; and (4) he was i.) Replaced by someone outside the protected class, ii.) Replaced by someone younger, or iii.) Otherwise discharged because of his age.
2. In order to establish a prima facie case of retaliation a plaintiff must show that: (1) he engaged in protected activity, (2) a materially adverse action occurred, and (3) a causal link existed between the protected activity and the adverse action.
