Keplar also demonstrated that he was initially replaced by a younger woman and later by a younger man, according to the order.
Google Settles Suit Claiming It Pushed Out Older Men : Dismissed Claims
However, Judge Boyle dismissed Keplar’s breach of contract and gender discrimination claims. She found that since Keplar was ultimately replaced by a man and lacked convincing evidence of sex bias, Google’s motion to dismiss this claim was granted.
Keplar’s claim of wrongful denial of stock grants under his employment contract was also dismissed. Judge Boyle ruled that the plans did not guarantee he would receive any stock or grants if he remained employed at Google.
Summary Judgment Motion
In February, Google moved for summary judgment on Keplar’s remaining claims, arguing that his dismissal was due to poor performance, not age discrimination. Google stated that Keplar’s performance ratings fell from “meets expectations” to “needs improvement” under a new supervisor in 2021. When his performance did not improve, Google decided to terminate his employment.