JEFF L. KEAN v. BRINKER INTERNATIONAL, INC. and BRINKER INTERNATIONAL PAYROLL CO., L.P., dba Chili’s Grill & Bar; CHILI’S, INC. - Articles

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Posted by: Azya Thornton on Jun 17, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Emma Freeman, APOLLO LAW, LLC, Brooklyn, New York, for Appellant.

Attorneys 2: ARGUED: Jennifer S. Rusie, JACKSON LEWIS P.C., Nashville, Tennessee, for Appellee.

Attorneys 3: ON BRIEF: Emma Freeman, APOLLO LAW, LLC, Brooklyn, New York, Donna J. Mikel, MIKEL & HAMILL PLLC, Chattanooga, Tennessee, Adam W. Hansen, APOLLO LAW LLC, Minneapolis, Minnesota, for Appellant.

Judge(s): SUHRHEINRICH, MOORE, and NALBANDIAN, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Nashville

KAREN NELSON MOORE, Circuit Judge. Plaintiff Jeff L. Kean was fifty-nine years old and working as a General Manager at one of the most profitable Chili’s restaurants in the Nashville, Tennessee market when he was terminated and replaced by a thirty-three-year-old with no managerial experience. Defendants Brinker International, Inc.,1 Brinker International Payroll Co.,2 and Chili’s, Inc., (together “Brinker”) explain that Kean was terminated for creating a toxic “culture” and not “living the Chili’s way.” According to Brinker, “culture” at Chili’s meant treating employees well, satisfying guests, and turning a good profit—among other intangibles. Despite Brinker’s explanations, by all objective metrics, Kean’s restaurant was one of the top performers in his market. Not only was the restaurant profitable, but also it had operated for years as a training center for other managers, and Kean had consistently positive ratings as a manager from his employees. So why did Brinker fire Kean? The answer is complicated. No one at Brinker can remember why they actually fired Kean, and Brinker destroyed all original documents related to Kean’s employment and the reasons for his termination. Kean tries to fill in the gaps with his own theory. According to Kean, Brinker used “culture” as a catchall term to obfuscate their systematic efforts to remove older employees in favor of younger ones. In his estimation, he was fired because he was the oldest manager in his region and did not fit into Brinker’s business model aimed at attracting millennial guests. Based on this theory, he filed this suit under the Age Discrimination in Employment Act (“ADEA”). Ultimately, the district court credited Brinker’s explanation, granted summary judgment in Brinker’s favor, and dismissed the case. For the reasons that follow we VACATE AND REVERSE IN PART and AFFIRM IN PART the district court’s decision, and REMAND for proceedings consistent with this decision.

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