Fox v. Eagle Distributing Co‪.‬

Plaintiff James Fox filed a civil complaint against defendant Eagle Distributing Company ("Eagle"), alleging that his former employer Eagle violated his rights under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621 et seq., the Tennessee Human Rights Act ("THRA"), TENN. CODE ANN. 4-21-407, and the Tennessee Whistleblower Act ("TWA"), TENN. CODE ANN. 4-21-407. Fox additionally raised a common law claim of retaliatory discharge. Fox now appeals from an order of the district court denying his Motion for Summary Judgment and granting Eagles Motion to Dismiss or for Summary Judgment. Specifically, Fox argues that the district court erred in granting summary judgment to Eagle on his retaliation claim under the ADEA. Finding Foxs appeal to be without merit, we affirm the order of the district court. In so doing, we hold that Foxs complaints to an Eagle customer about his relationship with Eagle were not protected activity under the ADEA.