Fifth Circuit reverses SJ in employers favor

A Fifth Circuit panel (Davis, Graves and Higginson) in a per curium opinion, EEOC v. DynMcDermott Petroleum Operations Co., No. 12-40424 (July 26, 2013)  has reversed a Texas federal district court's grant of summary judgement to New Orleans based DynMcDermott. The case involved the decision not to rehire a former employee into a position he had previous experience related to performance. Plaintiff's evidence of age and disability discrimination included statements about needing a younger candidate and the plaintiff's wife's cancer. The appeals court parses the evidence and does a good job of explaining the existence of material fact disputes sufficient to compel reversal.