Conway v. Hercules Inc.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. INTRODUCTION

Presently before the Court in this age discrimination case are the briefs of both parties on issues raised sua sponte during a pretrial conference. For the reasons which follow, the Court holds the burden of proving entitlement to front pay will be on plaintiff, the burden of proving failure to mitigate damages will be on defendant, and evidence of plaintiffs unemployment compensation will not be admissible to set off his recovery.

II. FACTUAL BACKGROUND. Defendant, a Delaware corporation, is engaged in the chemical business and…