In McNeal v. City of Blue Ash, Ohio (6th Cir., No. No. 23-3180, 9/23/2024), the City terminated McNeal, a 61-year-old police officer and the oldest officer in the Department. He sued claiming age discrimination and a hostile work environment. The federal district court granted summary judgment for the City on both claims. The Sixth Circuit affirmed on the discrimination claim, but reversed on the hostile environment claim. The court held the officer did not present sufficient evidence that the reasons given for his termination – an extensive list of disciplinary infractions that included untruthfulness – were not the true reasons. However, the court held McNeal did demonstrate a genuine dispute of material fact as to the existence of an age-based hostile work environment. McNeal was surveilled and scrutinized for minor violations that other officers engaged in nearly every day and was given a menial assignment outside his regular duties. The court concluded a jury could find that the Department intended to humiliate McNeal sufficient to create an adverse hostile environment.
Sixth Circuit Affirms – and Reverses – on ADEA Discrimination and Harassment Claims
