Electro-Voice, Inc. v. National Labor Relations Board

How later courts describe this case

• “causal link” between alleged breach of fiduciary duty and denial of benefits is required to support claim for the benefits
• “It is the manager’s perception of the employee’s performance that is relevant, not plaintiffs subjective evaluation ...”
• “The law does not require employers to make perfect decisions, nor forbid them from making decisions that others may disagree with. Rather, employers may not hire, fire, or promote for impermissible, discriminatory reasons.”
• "To the extent that we can decide these issues as a matter of law without further factual development, we serve the interests of judicial economy as well as the interests of the parties in avoiding unnecessary re-litigation.”
• disparate impact claims not cognizable under the ADEA
• applying inference based on previous promotion