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.
