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National Litigation Hotline

By ALM Staff | Law Journal Newsletters |
February 09, 2004

Fighting, Not Age Discrimination, Was Basis for Termination

The Eighth Circuit has held that an employee terminated for fighting in the workplace was not discriminated against on the basis of age. Hitt v. Harsco Corp., 2004 WL 178107 (8th Cir. Jan. 30, 2004).

William Hitt, a 65-year-old employee of Harsco Corp., became involved in an altercation at work with his son-in-law over the custody of Hitt's grandson. Both men were terminated for fighting. Hitt claimed he was terminated because Harsco Corp. had a layoff planned for the following month, and brought suit against the company for age discrimination. Hitt contended that Harsco sought to maximize the number of older employees fired in the RIF. The U.S. District Court for the Eastern District of Arkansas granted summary judgment for Harsco.

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