REASSIGNMENT BASED UPON AGE DISCRIMINATION NOT HELD VALID 369_C005
REASSIGNMENT BASED UPON AGE DISCRIMINATION NOT HELD VALID

Veronica Town worked for Bell Telephone Company. An opportunity for transfer was initiated by Town and after interview with Bell, offered to her. When Town learned that the work schedule involved four 12-hour shifts, she had to decline as Town provided care for her husband with a serious health condition that would not fit into that type of work schedule. She accepted a position as a manger in another area.

About a year later, due to internal organizational changes, Town learned she was being transferred to the position she had originally turned down because her position as manager was being consolidated into another job. The consolidated managerial position was given to a 35-year old male. Town felt forced to resigned and took an early retirement at age 49. She filed suit against Bell citing both age and sex discrimination.

The jurisdiction of the suit bounced between state and federal court, finally ending within state jurisdiction. A trial was held with a verdict in favor of Town. Bell appealed, requesting a directed verdict. Bell contended that there was a valid reduction in work force necessitating the consolidation and transfer. Town was not selected for the consolidated position because her performance (in the opinion of Bell) was not as good as the person given the position. Both employees were qualified for the combined position.

Town was not able to produce evidence that age or sex entered into the decision. The Michigan Supreme Court made a decision in favor of Bell.

Town vs. Michigan Bell Telephone Company, No. 97-102845, Veronica Town, Plaintiff-Appellant, vs. Michigan Bell Telephone Company, Defendant-Appellee, Michigan Supreme Court, Lansing, Michigan, July 31, 1997.