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For some 30 years, P worked for D. D claimed she was discharged as part of a workforce reduction plan necessitated by cost considerations. P thought she was discharged because of her age. P filed suit alleging that her discharge violated the Age Discrimination in Employment Act of 1967 (ADEA or Act). D took P's deposition. She testified that, during her final year of employment, she had copied several confidential documents bearing upon the company's financial condition. P took the copies home and showed them to her husband. When she became concerned about her job, she removed and copied the documents for 'insurance' and 'protection.' A few days after these disclosures, P sent D a letter declaring that removal and copying of the records was in violation of her job responsibilities and advising her (again) that she was terminated for cause. D recited that had it known of P's misconduct, it would have discharged her at once for that reason. For purposes of summary judgment, D conceded its discrimination against P. The Court granted summary judgment, holding that P's misconduct was grounds for her termination and that neither backpay nor any other remedy was available to her under the ADEA. The Court of Appeals affirmed on the same rationale. P appealed.

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