A federal judge has just denied summary judgment to the Dickinson Independent School District in a case brought by a terminated grounds and utility employee who alleged a violation of the Americans with Disabilities Act of 1990 ("ADA") because he had a learning disability, which he characterized as “borderline mental retardation.” He also claimed disability-based

You know not to call an employee “old” or “ancient.” That is clearly direct evidence of age discrimination.

But how about calling an employee “old school?    Or “set in his ways?”   Or “not a proper fit for the "new environment?”   Or “lacking in energy?” Then you’ll be fine, right? No age lawsuit against you!

 

Wrong. These have