FOLLOW US

Wed

August 25, 2026

America January 8, 2024 3 mins read

Bartender’s Age Discrimination Lawsuit Thrown Out by Judge

America ı By Rochdi Rais

0 Comments

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.

"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.

However, the judge rejected these arguments, stating that Johnston failed to demonstrate that other late employees were as "chronically" late as she was. Additionally, the judge noted that the Age Discrimination in Employment Act (ADEA) couldn't apply to the sports bar due to its employment of fewer than 20 workers.

Bartender Fired Over Tardiness,Judge Says: Legitimate Business Reason

The sports bar maintained it had a legitimate business reason to let Johnston go, emphasizing her repeated violations of the employee handbook. The judge highlighted text messages from Johnston alerting colleagues to her tardiness and a conversation with her doctor about her focus issues as proof of her inability to start her shifts on time.

After her termination, the sports bar hired a 59-year-old bartender, further supporting the argument that age played no role in the decision.

Bartender Fired Over Tardiness,Judge Says: A Prima Facie Case Unestablished

Judge Baylson concluded that Johnston did not meet the qualifications of her position due to her chronic tardiness, making her termination justifiable. The judge pointed to a lack of evidence showing age bias influenced the decision, referencing a precedent from the Third Circuit's 2015 ruling in Willis v. UPMC Children's Hospital of Pittsburgh.

Representatives for the sports bar declined to comment, and Johnston's representatives did not immediately respond to requests for comment.

Previous Article

Trump Invokes Presidential Immunity, Defends Against Ga.

Read More
2770 Posts

Rochdi Rais

Rochdi Rais is the Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 23, 2026
Poolside Deal With Nvidia Strengthens US…

SAN FRANCISCO — Poolside is at the center of a…

By – Jackie Allen
America August 22, 2026
Tariff War Escalates as Canada Announces…

OTTAWA — The Tariff War between Canada and the United…

By – Jackie Allen
Arizona August 22, 2026
The End of the Colorado River…

The river that has created the modern South West is…

By – Ramzi Salem
America August 22, 2026
AI Funding by American Banks: Mega-Bubble…

Behind the breathtaking numbers is a financial paradox: the institutions…

By – Ramzi Salem
America August 21, 2026
Alisa Goods Case Ends in Heartbreak…

A search that began with a simple bus trip to…

By – Rihem Akkouche
America August 21, 2026
JLL Developer’s $12M Fraud Suit Alleges…

Sometimes a lawsuit boils down to a single question: did…

By – Rihem Akkouche
America August 21, 2026
JLL Developer’s $12M Fraud Suit Alleges…

Sometimes a lawsuit boils down to a single question: did…

By – Rihem Akkouche
America August 21, 2026
Steadfast $5.5B Buyout Deal Sends Australian…

Australia’s insurance brokerage landscape just shifted beneath its own feet.…

By – Rihem Akkouche
America August 21, 2026
Travis Kelce Chiefs Training Camp Grind…

Most 36-year-olds in the NFL are counting down the days…

By – Rihem Akkouche
America August 21, 2026
Alaska Plane Crash Near Remote Radar…

A routine flight to one of Alaska’s loneliest outposts turned…

By – Rihem Akkouche
America August 21, 2026
Cook Medical Data Breach Suit Alleges…

Some data breaches happen quietly, discovered only in retrospect. This…

By – Rihem Akkouche
America August 21, 2026
Boy Left on Mount Fuji Alone…

Picture a school essay titled “How I Spent My Summer…

By – Rihem Akkouche
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen
America August 21, 2026
Eric Swalwell Faces FBI Search as…

WASHINGTON — Former congressman Eric Swalwell is facing an escalation…

By – Jackie Allen
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Bitcoin Twins See Bitcoin’s $65,000 Level…

The Bitcoin Twins, Cameron and Tyler Winklevoss, are once again…

By – Jackie Allen
America August 19, 2026
Hayden Panettiere Death Investigation Heats Up…

 Police Seek Answers in Panettiere’s Final Hours A Death Investigation…

By – Jackie Allen
America August 18, 2026
Hayden Panettiere Remembered for her Acting…

Hayden Panettiere, the former child star who became internationally known…

By – Jackie Allen
America August 20, 2026
California AB 2624 Reaches Newsom as…

INSIDE THIS REPORT AB 2624 would protect threatened immigration-service workers.…

By – Samuel Lopez
America August 20, 2026
Robin Williams’ Children Reactivate His Instagram…

Inside This Report Zak, Zelda, and Cody Williams have relaunched…

By – Samuel Lopez
America August 19, 2026
Christian Metal Band Demon Hunter Declares…

INSIDE THIS REPORT Christian metal band Demon Hunter has sued…

By – Samuel Lopez
America August 19, 2026
Judge Removed After Saying Jury “Got…

INSIDE THIS REPORT A visiting judge removed Judge John Roach…

By – Samuel Lopez
America August 19, 2026
Did the Government Just Admit It…

INSIDE THIS REPORT Avi Loeb says government sources asked him…

By – Samuel Lopez
America August 19, 2026
Eight Years After Elon Musk Shot…

Key Takeaways Elon Musk’s Tesla Roadster has been traveling through…

By – Samuel Lopez
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America August 12, 2026
Heat Dome Brings Dangerous Temperatures Across…

A powerful Heat dome is expanding across the United States,…

By – Jackie Allen
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche
America August 14, 2026
White House Denies Role in Josh…

LOS ANGELES — The White House is denying any role…

By – Michallie Harrison
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche
America August 13, 2026
Tiger Woods and Nike: 27-Year Partnership…

Tiger Woods built one of the most lucrative athlete-brand partnerships…

By – Jackie Allen
America August 12, 2026
209 Triple-Doubles, Two Offers Declined: Russell…

There were two NBA teams ready to hand Russell Westbrook…

By – Rihem Akkouche
America August 11, 2026
Part 2. Archbald Faces Big Expansion…

In Archbald, Pennsylvania, a community of roughly 7,000 residents, the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter