Bristow v. Link-Belt Cranes, LLC, 5:22-cv-00307

Rodney Bristow worked for Link-Belt Cranes, LLC from 2006 until his retirement in 2021, most recently as Production Supervisor.
Bristow was reassigned from Bay 12 to Bay 11 due to declining performance; both positions were substantially similar in pay, duty, and status.
During the reassignment meeting, Bristow alleged ageist remarks were made by a supervisor (use of "old dog" and "new blood").
Bristow submitted a retirement notice shortly after and reported the age-related comments to HR for the first time; Link-Belt investigated and reprimanded the supervisor.
Bristow refused to rescind his resignation unless the supervisor was fired; Link-Belt declined.
Bristow sued for age discrimination under the ADEA and KCRA, and for retaliation; Link-Belt moved for summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Adverse Employment Action	Transfer was significant and humiliating, amounting to adverse action	Transfer was a lateral, not adverse, move	No adverse action; transfer was lateral
Constructive Discharge	Working conditions were intolerable and forced resignation	No evidence conditions were intolerable or designed to force resignation	No constructive discharge; resignation voluntary
Retaliation	Bristow was retaliated against after complaining about age discrimination	No adverse action following protected activity	No retaliation; essential element (adverse action) missing

Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden and standards)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard for "genuine" and "material" factual disputes)
Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (defining adverse employment action)
Yates v. Avco Corp., 819 F.2d 630 (constructive discharge standard)
Williams v. Wal-Mart Stores, Inc., 184 S.W.3d 492 (Kentucky Civil Rights Act interpreted consistently with federal law)