Earl v. Nielsen Media Research, Inc., No. 09-CV-17477, 2011 BL 244584 (9th Cir. Sept. 26, 2011) The U.S. Court of Appeals for the Ninth Circuit held that, while plaintiff's multiple violations of company policy could constitute a legitimate reason for terminating her employment, plaintiff's evidence that younger similarly-situated employees received more lenient treatment from the company and that the employer may have not followed its own policies in terminating plaintiff without first putting her on a performance improvement plan (PIP) created a triable issue of fact as to whether Nielsen's proffered reason was a pretext for age discrimination.
Earl Terminated for Violating Nielsen's Policies
Central Issue on Appeal Was Pretext
Similarly Situated Younger Employees Treated More Favorably That Earl
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