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Circumstantial Evidence of Age and Race Discrimination

The U.S. Court of Appeals for the Eleventh Circuit vacated a district court’s order granting summary judgment to the employer in a case alleging age and race discrimination, Kilgore v. Trussville Development, LLC dab Hilton Garden, Inc., 2016 U.S.app. LEXIS 5464; 646 Fed. Apps. 765 (11th Cir. 2016).  The text of the decision can be found at https://www.courtlistener.com/opinion/3188580/valarie-kay-kilgore-v-trussville-development-llc/


Ms. Kilgore presented circumstantial evidence which supported an inference that the employer’s claim that she was fired for being rude to guests was a pretext.  She presented evidence that she was replaced by two newly hired employees who were younger and African-American - Ms. Kilgore was a Caucasian woman in her sixties.  In addition, her superiors had made derogatory statements about her age (that she was “a stubborn old woman” and “too old”) and also about her race (that she was “the wrong color.”  Such comments are circumstantial evidence of discriminatory intent as the Court had previously held in Mora v. Jackson Memorial Foundation, 597 F.3d 1201, 1204 (11th Cir. 2010) (age discrimination) and Ross v. Rhodes Furniture, Inc., 146 F.3d 1286, 1291 (11th Cir. 1998) (racial remarks).

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