Monday, November 29, 2010

Employment Case Law Update

--Naik v Boehringer Ingelheim Pharm, Inc., 7thCir, November 22, 2010, No. 09-2960: Summary judgment upheld for employer after 53-year-old former pharmaceutical sales rep failed to show that termination based on falsification of call records, was pretext for age and national origin (Indian) discrimination in violation of the Age Discrimination in Employment Act (ADEA) and Title VII.

The employer's legitimate non-discriminatory reason (LNDR) was pretty damning against the plaintiff and it was also revealed that at least two other employees were terminated and two others resigned for the same offense in previous years. The 7th Circuit also held that Plaintiff failed to establish his prima facie case under McDonnell Douglas in two different areas, one being that not one single employee who committed this offense remained on the job.

Plaintiff also sought to convince the Court to adopt the more relaxed standard articulated in Pantoja v. American NTN Bearing Manufacturing Corp., 495 F.3d 840 (7th Cir. 2007), to his claims. In Pantoja, the 7th Circuit held that the plaintiff only had to show that his “employer sought someone to perform the same work after he left.” Id. at 846 (internal citations omitted). This argument failed because Plaintiff failed to show in his prima facie case that he was meeting "the employer's legitimate expectations."

--Malarkey v The Reading Hosp. and Med Ctr., EDPenn, November 18, 2010, NO. 09-3278: An employee’s age discrimination lawsuit could not move forward due to failure to make a prima facie case; evidence showed that the employee did not suffer an adverse employment action, but only that her personal preference for a job was not fulfilled, which is not actionable under the ADEA or Pennsylvania state law.

--McEnroe v MicroSoft, EDWash, November 18, 2010, NO. CV-09-5053-LRS: Summary judgment granted for employer after Plaintiff, a telecommuting HR employee who claimed that her disability precluded her from being able to come into the office, failed to make out claims under federal and state law that her nonpromotion to various higher level positions constituted an unlawful failure to accommodate, disability bias, or retaliation.

Plaintiff asserted that she was unable to work at or travel to the worksite due to several disabling conditions, including panic disorder, agoraphobia, major depression, post-traumatic stress disorder, and irritable bowel syndrome. The court rejected the employee's failure to accommodate claims as to the nonpromotions because she was unable to show that an exclusive telecommuting arrangement would have been a reasonable accommodation for the positions sought. The record demonstrated that in-person attendance was an essential function of each of the positions.

Enochs Law Firm

No comments:

Post a Comment