Holmes v. Haughton Elevator Co.

(to affirm). Defendant employed plaintiff as an elevator mechanic from 1967 until December of 1974, when plaintiff was transferred from the maintenance section to the service section because, according to plaintiff’s complaint, "defendant company wanted to make room for younger men with less seniority”. Defendant admitted the transfer but denied the reason ascribed.

On December 6, 1974, plaintiff was informed that there was no work, and laid off, although the complaint states that he continued to work a few days each month following the layoff.

Plaintiff filed a charge of age discrimination…