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August 2015

Gordon & Rees Denver Team Secures Dismissal of Discrimination Complaint

Gordon & Rees Denver partner John Palmeri, senior counsel Laurie J. Rust, and associate Aubrey Elenis recently prevailed in a discrimination case filed in federal court on behalf of a local bank.

The plaintiff worked as a senior loan officer at the bank for over thirty years. Over time, the bank became concerned about his work performance and time away from the bank. After several warnings, the bank terminated the plaintiff’s employment. The plaintiff filed a Charge of Discrimination with the EEOC, alleging that he was terminated due to his age. The EEOC dismissed the matter and issued a right to sue letter. The plaintiff filed suit in federal court in Denver, alleging claims for violation of the Age Discrimination in Employment Act (“ADEA”), the Americans with Disabilities Act (“ADA”), and the Family Medical Leave Act (“FMLA”). Gordon & Rees filed a motion to dismiss the ADA claim for failure to exhaust administrative remedies with the EEOC and the FMLA claim as time-barred due to the plaintiff’s failure to file suit prior to the expiration of the three year statute of limitations. The court agreed and granted the motion, leaving only the age discrimination claim. Prior to engaging in discovery, the plaintiff’s attorney agreed to dismiss the ADEA claim, acknowledging that she was unlikely to survive summary judgment. The plaintiff offered to pay the bank’s costs in exchange for a dismissal.

John M. Palmeri