Wayne Jackson, a 69-year-old manager at Cal Western Packaging Corporation in Houston, Texas filed an age discrimination lawsuit against Cal Western after the company fired him for sexually harassing a female employee.
In 2007, Karen Hopper had complained to her supervisor, Jim Rosetti, that she was being sexually harassed by Jackson. Hopper alleged that Jackson had asked to see her breasts, had commented that her boyfriend must like “big boobs,” and tried to touch her on multiple occassions.
Rosetti reported Hopper’s allegations to Cal Western’s Chief Operating Officer Jimmy Phelps, who fired Jackson after an internal investigation confirmed that several employees had witnessed the sexual harassment.
After being fired, Wayne Jackson sued Cal Western for age discrimination, claiming that he was terminated because of his age. The court rejected his claim, saying that “The overwhelming evidence shows that Jackson was fired for violation of Cal-Western’s sexual harassment policy, and Jackson’s only evidence to the contrary comes from his own assertions.”