FEDERALCourt of Appeals for the Fifth Circuit
1993

62 Fair empl.prac.cas. (Bna) 1336, 62 Empl. Prac. Dec. P 42,573 Walter P. Purcell, Cross-Appellant v. Seguin State Bank and Trust Company, Cross-Appellee

999 F.2d 950Court of Appeals for the Fifth Circuit • Decided 1993Modified
Liquidated DamagesCited 77 times

HOLDING

A 60-year-old bank manager was fired and replaced by a 37-year-old employee. The court found this was age discrimination under federal law. While the jury's decision to award damages was upheld, the court reduced the penalty by removing the "willfulness" finding and related extra damages. The case shows that replacing older workers with younger ones—even if the employer claims performance reasons—can violate age discrimination laws.

KEY FINDINGS

Liquidated Damages

Don't fire or demote workers based on age, even if you believe younger workers are more productive. Courts will scrutinize the real reason for termination.

FULL COURT OPINION