Legal Opinion

48 Fair empl.prac.cas. 972, 48 Empl. Prac. Dec. P 38,527 Warren G. Herold v. Hajoca Corporation, Warren G. Herold v. Hajoca Corporation

Court of Appeals for the Fourth Circuit

Decided January 19, 1989No. 88-3955, 88-3967PublishedCited by 116 opinions

1Opinion of the Court

MURNAGHAN, Circuit Judge:

An Age Discrimination in Employment action 1 confronts us here. The plaintiff, Warren G. Herold, was in part successful. His compensatory award should prevail over defendant Hajoca Corporation’s motions for summary judgment, directed verdict and judgment non obstante veredicto, because Herold was able to demonstrate a failure of Hajoca to follow an announced policy of laying off the shorter time employees among those qualified when lack of work resulted in termination. Herold showed there were several (perhaps four) younger employees retained when he was terminated…

2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  3. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  4. Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
  5. City of Riverside v. RiveraSupreme Court of the United States · 1986

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3Cited by116 opinions

  1. Beaird v. Seagate Technology, Inc.Court of Appeals for the Tenth Circuit · 1998
  2. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. CLAY PRINTING COMPANY, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1992
  3. Anderson v. Westinghouse Savannah River Co.Court of Appeals for the Fourth Circuit · 2005
  4. Duke v. Uniroyal Inc.Court of Appeals for the Fourth Circuit · 1991
  5. Glenda Westmoreland v. TWC Administration LLCCourt of Appeals for the Fourth Circuit · 2019

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