The manager of a Dave & Buster’s Restaurant (D&B) in Cincinnati lost his age-discrimination claim because the case was ruled primarily circumstantial by a U.S. District Court, Southern District of Ohio.
The manager was hired at age 51 and promoted quickly to assistant general manager. He claimed his promotions stopped there because upper wanted to get rid of managers “on the back side of their career,” who were “no longer productive.”
D&B said it didn’t advance the plaintiff further because he was in the habit of telling stories about alien abductions, mailing babies overseas and his adventures as a former pimp.
We’re guessing that’s when the case took a hard right. The employee didn’t challenge D&B’s allegations, and the judge apparently felt D&B had provided a sufficient nondiscriminatory reason for the termination, as alien abductees are not a protected class ... yet.