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Tag Archives: Employment Discrimination

Railway didn’t violate man’s ADA rights (access required)

Where no reasonable juror could find that a railway company violated the Americans with Disabilities Act by failing to reasonably accommodate the plaintiff’s condition, it prevailed on summary judgment. Background Alfred Baldassarre appeals the district court’s order granting summary judgment ...

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Walmart employee’s deposition dooms bias claim (access required)

Where a former Walmart employee alleged she was not promoted to “assistant manager” because of her gender, but admitted at her deposition that she was not qualified for the promotion, Walmart prevailed on the claim. Background Denise Horton, a former ...

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Court strikes ‘placeholder’ opposition brief (access required)

Where the plaintiff obtained an extension to respond to the motion for summary judgment, but then filed a “placeholder” brief that was largely a verbatim copy of an opposition brief filed in another case before filing a “corrected” brief three ...

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Basis of employee’s termination a jury question (access required)

Where there was evidence of age-related comments at the time the finance department employee was terminated, and the town shifted its explanation for letting her go, a jury will decide if she was terminated because of her personal telephone calls, ...

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Man terminated for inability to perform, not bias (access required)

Where a maintenance worker admitted that his job required frequently lifting light objects, and occasionally lifting heavy objects, and he could no longer perform those essential functions, his employment was ended for a legitimate business reason. Background Terry Harris, who ...

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Man can’t show termination related to protected activity (access required)

Where there was a one year gap between a store manager’s alleged protected activity and his termination, a few instances of the silent treatment and a single reprimand were insufficient to show his termination was causally connected to his protected ...

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Filing deadline not tolled by dismissal of suit (access required)

Where a former bank employee asserted discrimination claims within 90 days from the date she received a right-to-sue notice, but her suit was dismissed without prejudice for failure to prosecute, the dismissal didn’t toll the 90-day statute of limitations. As ...

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