Bartender’s Age Discrimination Lawsuit Thrown Out by Judge

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Bartender's Age Discrimination Lawsuit Thrown Out by Judge, Citing Chronic Tardiness as Grounds for Termination

Pennsylvania Judge Rules in Favor of Sports Bar, Rejects Age Bias Claims in Employment Suit

In a dramatic turn of events, a Pennsylvania federal judge has dismissed a lawsuit filed by a former bartender, Michele Johnston, who alleged age discrimination led to her termination. U.S. District Judge Michael M. Baylson granted summary judgment to Patrick & Poppers Inc., the operator of Jerzee’s Sports Bar and Pizzeria, asserting that the evidence overwhelmingly supported Johnston’s chronic tardiness as the primary reason for her firing, not her age.

Excessive Lateness Takes Center Stage

Judge Baylson, in a Friday ruling, highlighted the pivotal role played by Johnston’s perpetual tardiness in the termination decision. The sports bar, hiring Johnston at the age of 49 in 2017, successfully argued that her consistent failure to adhere to the 15-minute pre-shift arrival policy, as outlined in the employee manual, justified her dismissal.

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“This court finds this evidence sufficient for a reasonable jury to conclude that defendant terminated plaintiff for reasons other than her age,” asserted Judge Baylson, dismissing Johnston’s claims of age-based prejudice.

Bartender Fired Over Tardiness,Judge Says: Age Discrimination Allegations Challenged

Johnston contended that the tardiness issue was a smokescreen for age discrimination, emphasizing that other employees, equally late, were not fired. She also claimed that replacements hired after her termination were consistently younger.