{"id":36777,"date":"2008-03-26T16:35:41","date_gmt":"2008-03-26T21:35:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/failure-to-perform-essential-job-function-defense-in-adea-action.html"},"modified":"2008-03-26T16:35:41","modified_gmt":"2008-03-26T21:35:41","slug":"failure-to-perform-essential-job-function-defense-in-adea-action","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/litigation-disputes\/failure-to-perform-essential-job-function-defense-in-adea-action.html","title":{"rendered":"Failure to Perform Essential Job Function Defense in ADEA Action"},"content":{"rendered":"
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Shorette v. Rite Aid of Maine, No. 98-1005, 1998 U.S. App. LEXIS 23265 (1st Cir. Sept 15, 1998).<\/i><\/b>

Shorette was a 60-year-old manager of a branch store of a local Maine pharmacy chain. Rite Aid then acquired the entire chain, converted most stores into Rite Aid stores, and installed new in-store computer systems. During the transition, Rite Aid began training all of its new employees on its in-store computer system. Shorette, however, lacked all basic skills of proficiency with computers, and made virtually no progress at even the most rudimentary tasks after seven months of training. Rite Aid thus gave Shorette a choice between resigning or being demoted to cashier. Shorette elected to resign, and thereafter sued under the ADEA. In affirming the dismissal of Shorette's ADEA claim, the First Circuit held that the ADEA does not require an employer to retain an employee "who was unable to develop an acceptable level of skill in the performance of an essential job function despite extensive training.<\/p><\/div>","protected":false},"excerpt":{"rendered":"

Shorette was a 60-year-old manager of a branch store of a local Maine pharmacy chain. Rite Aid then acquired the entire chain, converted most stores into Rite Aid stores, and installed new in-store computer systems. During the transition, Rite Aid …<\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_categories":[6522,6526,6520],"class_list":["post-36777","corporate","type-corporate","status-publish","hentry","corporate_categories-litigation-disputes__civil-litigation","corporate_categories-litigation-disputes__civil-litigation__civil-rights","corporate_categories-litigation-disputes"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate\/36777","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=36777"}],"wp:term":[{"taxonomy":"corporate_categories","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_categories?post=36777"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}