A 52-year-old employee with 34 years on the job was terminated by Boeing during a RIF. Under

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A 52-year-old employee with 34 years on the job was terminated by Boeing during a RIF. Under the “Redeployment Selection Process (RSP)” used by the company, the supervisor compared the performance of employees on nine criteria, rating them on each criterion with a 1-5 scale. The 52-year-old was given a cumulative score of 17, while a 36-year-old co-worker was scored 39. The younger co-worker was retained. In a regular performance appraisal conducted earlier that year by the same supervisor, the older worker was described as “doing a great job.” Complaints about the older worker’s performance in her filing duties that had been mentioned previously but never adversely affected her performace ratings, were highlighted in the RSP. There was also evidence that the supervisor unilaterally decided to eliminate from the final scores the one criterion on which the older worker had received a perfect score. The older worker sued, challenging her termination in this RIF.

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