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Ever want to kick yourself over one comment?

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Question: Open mouth. Insert foot. Taste a lawsuit? The district manager at the Foot Locker did.

In a surprising court ruling, a judge decided that only “one comment” made by the district manager about the store manager’s age was enough to hand him his walking papers - into court that is (Barnes v. Foot Locker Retail, Inc. D. Kan. 3/9/07). Click here for the Age Discrimination case.

Usually, there is the tried-and-true “isolated comment” defense that employers argue and many courts will buy into. It looks like this: “It was just one time.” Or, “The manager didn’t mean it. Mea culpa, let us go!” But, in this situation the court kicked that defense out of play completely.

What does this new ruling mean to you?

“Isolated comments about age that are unrelated to a contested employment action do not show discriminatory animus,” the court stated. However, the judge thought different...(register to read more)

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