James W. LINDSEY, Plaintiff-Appellant, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Defendant-Appellee

Lindsey, a Southwestern Bell employee since 1951, brought this action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., 1 alleging that he was denied promotion from a second line management position to a third line or district level management position because of his age. He contends not only that he was individually discriminated against, but also that “the promotional process in use at appellee’s Dallas, Texas operation eliminated employees over the age of 40 years from promotion to the ‘district level’ or third level management positions”. After a trial on the merits…