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McV’s Labor & Employment Law Group Achieves Important Victory

McV Labor & Employment Law News

May 20, 2020

The U.S. First Circuit Court of Appeals recently upheld a summary dismissal in a multi-million dollar lawsuit filed against Sanofi Aventis Puerto Rico, Inc. and Sanofi US Services, Inc. in an age discrimination case led by McV Labor & Employment Law attorneys Anita Montaner-Sevillano and Reinaldo L. Figueroa-Matos.

The appeal turned on whether there existed evidence of pretext during a consolidation and reduction in workforce process to rebut Sanofi’s legitimate proffered reason for the selection of an older worker who had been a star performer for over 15 consecutive years.

The U.S. First Circuit Court of Appeals upheld the selection of the appellant for lay-off over a younger co-worker upon finding, among other reasons, that even if Sanofi's decision maker showed preference for the younger co-worker early on in the process, or referenced the appellant’s older age, those facts did not evidence pretext because the reason for preferring the younger co-worker was legitimate and the appellant was not able to challenge or contest it as false. The three-judge panel concluded that the timeline of events did not evidence pretext and that listing ages was a reference to protected status, not bias.

You can access the Court’s Opinion on Zabala-De Jesus v. Sanofi-Aventis Puerto Rico, Inc., No. 18-1852 here.

Congratulations to the team on this important victory!

The content of this McV Alert has been prepared for information purposes only. It is not intended as, and does not constitute, either legal advice or solicitation of any prospective client. An attorney-client relationship with McConnell Valdés LLC cannot be formed by reading or responding to this McV Alert. Such a relationship may be formed only by express agreement with McConnell Valdés LLC.

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