The United States Court of Appeals for the Second Circuit held that a supervisor′s inquiries about retirement were sufficient to support a claim of age discrimination. Tomassi v. Insignia Fin. Group, Inc., No. 05-6219 (2d Cir. February 16, 2007).

At 60 years old, Patricia Tomassi was hired to manage an senior citizen apartment complex handling resident requests and complaints. A year later, Insignia overtook management of the complex and Tomassi, now 61 years old, was assigned a new supervisor, Steve Stadmeyer.

Stadmeyer asked Tomassi if she ever thought about retiring and whether she thought she would be able to “keep up with” her work. Stadmeyer also made frequent references to Tomassi’s age and would often suggest that Tomassi could easily relate to the complex’s residents, who were primarily seniors.

Stadmeyer continued to give Tomassi positive performance evaluations, raises, and even a promotion. In 2003, however, Tomassi, now 63 years-old, was terminated. Explaining that she was no longer needed and that the Company was hiring someone with website experience, Stadmeyer went on to tell Tomassi that he assumed she wouldn’t want to work long hours anymore and that she would be “happier doing something part-time.”

Tomassi sued Insignia for age discrimination. The United States District Court for the Southern District of New York through out Tomassi′s claim on the ground that Stadmeyer’s comments were “stray remarks” that were insufficient to prove age discrimination.

The United States Court of Appeals for the Second Circuit reversed that decision and sent the case back to the District Court for further proceedings. The Second Circuit held that Stadmeyer’s comments, when viewed together, could sustain an inference that Tomassi’s termination was motivated by her age. The court emphasized the importance of the fact that these age-related comments were made by the ultimate decision maker with respect to Tomassi’s termination. Stadmeyer’s age-related remarks demonstrated the potentially discriminatory motive behind his decision to terminate Tomassi.