Old article worth reading...
Sept. 9 — A 56-year-old Bank of America Corp. employee terminated in a reduction in force has no Age Discrimination in Employment Act claim because he can't show the employer's asserted performance-based reasons for selecting him for the RIF were a pretext for age bias, the U.S. Court of Appeals for the Second Circuit ruled Sept. 5.
Affirming summary judgment for Bank of America, the court said John Delaney, who worked for Bank of America and its predecessors for 22 years before his termination, failed to raise a triable issue that age was the “but for” cause of his discharge.
Rather, the evidence supports Bank of America's explanation that managers selected Delaney for the RIF based on instructions to choose underperforming employees whose dismissal would have the least impact on the business, the court said.
....... more at www.bna.com/bank-america-employee-n17179894681