In Walden v. General Electric International and Communication Workers of America (6th Cir., No. 24-5141, 10/24/2024), Walden sued his employer and union for age discrimination. The Western District of Kentucky granted summary judgment for the defendants. Walden worked as a Machine Operator and applied for promotion to a toolmaker position. The union and employer had agreed on a graded test which applicants were required to pass in order to qualify for the toolmaker position. On two different occasions Walden applied and failed to achieve a passing score. At his urging, the union filed a grievance which the employer denied. He subsequently filed with the EEOC and received a right-to-sue letter. In affirming the district court, Walden’s claim failed because he could neither show he was qualified for the position in question or that younger, similarly situated individuals were treated differently. By virtue of the fact that Walden did not pass the graded test, he was not qualified for the position in question; and in the same vein, the younger people who did get the job were not similarly situated because they did pass the test.
Sixth Circuit Affirms ADEA Summary Judgment – Plaintiff not Qualified for Failure to Pass Graded Test
