Sauzek V. Exxon Coal Usa

Curtis Sauzek ("Sauzek") and Julian Koski ("Koski") (collectively, "plaintiffs") sued their former employer, Exxon Coal USA, Inc. ("Exxon"), alleging that Exxon violated the Age Discrimination in Employment Act, 29 U.S.C. sec. 621 et seq. ("ADEA"). Plaintiffs claim that Exxon laid them off, failed to transfer them, and refused to rehire them because of their age. Sauzek and Koski also charge that Exxon's failure to rehire them constituted retaliation for their administrative complaints of age discrimination. The district court awarded summary judgment to Exxon on the retaliation claim, but allowed the other claims to proceed. Shortly before trial began, the district court granted Exxon's motion in limine to preclude any evidence regarding Exxon's failure to transfer plaintiffs to different jobs. Then, during trial, the district court granted summary judgment for Exxon on plaintiffs' failure to rehire claim. At the conclusion of a five-week trial, the jury sided with Exxon on plaintiffs' remaining claim and found that Exxon had not terminated plaintiffs because of their age. Plaintiffs moved for a new trial, contesting these and several other rulings, which the district court denied. Sauzek and Koski now appeal. For the following reasons, we affirm.