Employer documentation saves the day, earns dismissal of age bias lawsuit

A three-judge appellate panel recently affirmed the New Jersey Superior Court’s grant of summary judgment (dismissal without a trial) in favor of PNC Investments LLC and threw out two former employees’ claims of age discrimination, hostile work environment, and constructive discharge in violation of the New Jersey Law Against Discrimination (NJLAD). The Appellate Division found the employees were unable to show they were held to higher standards because of their age.

Facts

Two former financial advisers for PNC Investments, Jane Rocks and Stephen Pollock, sued the employer and their former regional manager, Brian Dunn, alleging age discrimination, a hostile work environment, and constructive discharge in violation of the NJLAD. Their job functions included (1) developing relationships with bank branch employees and teaching them how to identify and refer potential customers to the advisers and (2) setting up appointments with the potential clients.

As part of PNC’s performance improvement plan (PIP) for underperforming advisers, Dunn required Rocks and Pollock to meet with 15 potential customers per week. The goal was set by a centralized department at the investment firm, and it was objective because it applied to all underperforming advisers.