In a 2-1 unpublished decision, in Adam v. Kempthorne (9th Cir. 2008) 04-17458, the Ninth Circuit upheld the lower court's decision rejecting plaintiff scientists' Age Discrimination in Employment Act ("ADEA") and other federal claims against the U.S. Geological Survey ("USGS") where direct evidence of age-based animus permeated the work environment. Some of the evidence from the record included the following:
* The Director of the USGS, Dr. Gordon Eaton, asking an audience, "What is the difference between Jurassic Park and the Geological Division of the Geologic Survey?"and responding with the answer, "One is an amusement park filled with dinosaurs and the other is a movie." 
* A poster about a meeting to discuss the USGS' workforce reduction with a cartoon caption stating "You gotta help me, Mom...This assignment is due tomorrow, and Gramps doesn't understand the new tricks." Click on the graphic to the right to see this poster.
* A 1993 official report explaining the USGS' "Vision for the 21st Century" describing that "[s]ome segments of the USGS currently are suffering from an aging, high-grade workforce", which is "a critical problem that must be addressed...."