Mary Ann Crawford filed suit against her employer, Medina General Hospital, as well as her supervisor, Darla Kermendy, alleging that the defendants discriminated against her in violation of the Age Discrimination in Employment Act of 1967 by creating a hostile working environment. Crawford was once passing the door of a room where a group of people were having a pizza party. One of the five looked out and saw her pass and said, "It's just my luck in an office with an old dumb side to have to sit on that side."
Crawford claims that Kermendy was in the room at the time and "laughed and pointed and looked at [the woman making the comment]" and said, "Oh, that's good." That comment apparently referred to the fact that a number of the older women sat on one side of the office. Crawford claims that the side was referred to as "the old side, the dumb side, worthless side." Crawford asserts that the office is "totally divided" on the basis of age. She contends that in addition to verbal insults, the older women are "not included in anything," such as parties, as well as not provided information about minor changes in office procedures.
She further contends that Kermendy "calls the young people in [to Kermendy's office] and questions them about what the older people are doing, what they are saying, and then she encourages them to go out and confront those people." She claims that Kermendy "called attention" to Crawford's "extremely sensitive hearing" in a staff meeting once and that Kermendy said that all another older worker who had false teeth "wanted for Christmas was her front teeth."
It is Crawford's belief that these comments are age-related. Crawford herself referred to one coworker as "the widow" because "she always wears black." Crawford nicknamed one supervisor "Pat" because "at times [Crawford feel[s] [the supervisor is] pathetic."
Another coworker is nicknamed "Sluggo" because "she reminds [Crawford] of that cartoon character."
Another is "Freak" because "she wears outlandish clothes and hairdos and that type of thing." Crawford calls two coworkers "Miss Piggy" and another "fasto."... Can a hostile working environment claim be brought under the ADEA? If so, how would you decide this case?