US: Age Discrimination Claim Denied in Worker Performance Case

After a plaintiff could not clearly prove any clear age-discrimination as the cause for her eventual firing, or any other claimed wrongdoings or retaliation by her employer, the Eighth US Circuit Court of Appeals upheld a prior District Court decision to dismiss the case.

In McKey v. US Bank NA, a woman employed by the bank since 1975 claimed her age was the cause for her termination. Leading up to the firing, the financial institution made a software upgrade in 2015 and provided workers with training on the new system. The plaintiff requested additional help in learning the software and another worker’s assistance. The bank began monitoring her performance, noting multiple errors – one amounting to a $62,000 cost to the bank – and her failure to complete assigned work on time. She was eventually put on a performance improvement plan, and her tenure was finally terminated in October 2016.

Takeaway: The Circuit Court upheld prior rulings because the bank had adequately documented the worker’s declining performance. Keeping workers’ records up to date is important, but there are additional steps companies can take to mitigate discrimination risks. Examples include reviewing wording in job advertisements, providing training on the types of questions interviewers may and may not ask candidates, and documenting anti-discrimination and harassment policies in employee handbooks – and updating those policies regularly.


Coronavirus Considerations for Businesses

North America

US: Biden Administration Freezes Proposed Regulations on Worker Classification

US & Canada: Both Employees and Contractors are Among Growing Alphabet Workers Union

US: H1-B Electronic Registration Process Could Undergo Changes


UK: AGS Launches IR35 Resource Site to Help Companies Prepare for April Countdown

UK: Points-Based Immigration System Updated

UK: Brexit Trade Deal Excludes Financial Services, With Data Sharing and Privacy Rules to Come

Poland & Hungary: EU Ruling Influences Posting of Workers and Services Across Region


India: A Government-Mandated Wage Code Restructuring Could Boost Retirement Income

China: Heavier Penalties for Violating Workplace Safety Measures Being Considered

Australia: New Reform Bill Aims to Protect Workers, Define Casual Employment

This update contains general information only, and AGS is not rendering legal advice. Before making any decision or taking any action that may affect your business, you should consult qualified legal counsel. AGS shall not be responsible for any loss whatsoever sustained by any person or company who relies on this update.