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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Employer-Employee: Failure to Promote-Constructive Discharge-Age Discrimination

Employer-Employee: Failure to Promote-Constructive Discharge-Age Discrimination

Plaintiff appealed from the district court’s adverse grant of summary judgment in plaintiff’s age discrimination and constructive discharge lawsuit. In 2017 and 2018, plaintiff, then 62, unsuccessfully applied for promotions that were given to younger candidates in their 30s who received better scores during the interview process. Over a year later, plaintiff retired. In granting defendant summary judgment, the district court ruled that plaintiff failed to show that defendant’s rationale for its promotion decision was pretext for age discrimination and failed to timely pursue his administrative remedies in his constructive discharge claim.

Where defendant’s policies expressly allowed hiring managers to base decisions solely on the interview process, defendant did not violate its policies by failing to consider other factors outside of the interview when deciding not to offer a promotion to plaintiff, and plaintiff’s claims failed where he could not demonstrate pretext or a pattern of age discrimination.

Judgment is affirmed.

Bonomo v. The Boeing Company (MLW No. 79667/Case Nos. 22-1523 & 22-1531 – 3 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Eastern District of Missouri, Pitlyk, J. (Douglas Brian Ponder, of St. Louis, MO for appellant) (David Lawrence Schenberg, of St. Louis, MO for appellee)