“In Plaintiff’s Third Amended and Restated Complaint, Plaintiff adds the allegation that she ‘required the cane to perform the tasks within the course and scope of employment at Defendant’s facility.’ Thus, unlike the complaint in Mora, Plaintiff is specifically alleging that she suffered from an impairment to a major life activity by requiring a cane
Disability discrimination
In a failure to hire case, an applicant does not have to show that he or she is “clearly better qualified, but simply that the employer’s explanation for the employment decision is pretext.
By Colin W. Walsh on
Posted in Age discrimination, Disability discrimination
“As we have noted, while a showing that a plaintiff is clearly better qualified is one way of demonstrating that the employer’s explanation is a pretext, it is not the only way … the question is whether the assessment, even if incorrect, was the real reason for the action.”
E.E.O.C. v. DynMcDermott Petroleum Ops. Co.,…
Assurances from another manager that decisionmaker will not be retaliated against by discriminating supervisor does not negate the influence of the discriminating supervisor.
By Colin W. Walsh on
Posted in Age discrimination, Disability discrimination
“After Lewis disagreed with Wood’s desire to Swafford, Wood repeatedly informed Lewis that he was violating federal law because Lewis was discriminating based on age and disability. Also the record indicates that Hojem did not make any assurance to Wood regarding retaliation until weeks later—after Wood had already decided to interview Thomas, who he had…
Statement from decisonmaker’s direct supervisor that person should not be hired because of the person’s age and illness of that person’s spouse is direct evidence of age and disability discrimination.
By Colin W. Walsh on
Posted in Age discrimination, Disability discrimination
“[T]he remarks appear to meet the other requirements of direct evidence.”
E.E.O.C. v. DynMcDermott Petroleum Ops. Co., 537 Fed. Appx. 437, 444 (5th Cir. July 26, 2013) (Davis, Graves, and Higginson, JJ.).
Facts showing that discriminating manager was the decisionmaker’s direct supervisor, who was responsible for discipline of decision maker, performance reviews that determined the decisionmaker’s raise, and had power to change decisionmaker’s job duties allows that manager’s discriminatory animus to be imputed to the decisionmaker.
By Colin W. Walsh on
Posted in Age discrimination, Disability discrimination
“There is no dispute that Lewis was Wood’s direct supervisor and was responsible for Wood’s performance evaluations and implementation of disciplinary actions…. Woods pay and any raises were merit-based and dependent on performance reviews done by Lewis. There is additional evidence … that Lewis had refused to communicate with Wood and had removed some of…
When establishing that a Plaintiff is “regarded as” disabled, a heart condition resulting in by-pass surgery is not “minor.”
By Gregory A. Placzek on
Posted in Disability discrimination
“Thomas need only show that Hill terminated him because of his actual or a perceived physical impairment, regardless of whether the impairment limits a major life activity. Hill’s arguments to the contrary are simply wrong. Thomas cannot meet his burden, however, if the impairment is “transitory and minor.” Given the facts in this case, the…
The stray remarks doctrine can only be applied after the court determines that the plaintiff has failed to produce substantial evidence of pretext.
By Colin W. Walsh on
Posted in Age discrimination, Disability discrimination
“Here, the district court applied the stray remarks doctrine before determining whether the plaintiff had failed to produce substantial evidence of pretext and then refused to consider those remarks in determining pretext.”
E.E.O.C. v. DynMcDermott Petroleum Ops. Co., 537 Fed. Appx. 437, 443 (5th Cir. July 26, 2013) (Davis, Graves, and Higginson, JJ.).
Pretext is established when costs are cited as a reason for termination, but employer hires other employer to do employees job duties.
By Gregory A. Placzek on
Posted in Disability discrimination
“In the letter itself, Hill raised Thomas’ medical condition, the need for Thomas to seek a less stressful job, and Hill’s desire to reduce costs. Yet, before and after Thomas’ termination, Hill hired a total of three employees to perform Thomas’ job duties. Under these circumstances, Thomas has presented a genuine issue of material fact…
Pretext is established when the reason for termination is that Plaintiff never indicated if or when he would return if Plaintiff indicates he intended to return to work although at no certain date.
By Gregory A. Placzek on
Posted in Disability discrimination
“Hill also offered at least some legitimate reasons for Thomas’ termination: that Thomas had not indicated if or when he would return and that he had in mind Thomas’ derogatory behavior towards him. However, those reasons are offset by the contradictory evidence. Thomas had indicated in his emails to Hill and others that he intended…
A Plaintiff’s own testimony is sufficient to prove actual disability.
By Gregory A. Placzek on
Posted in Disability discrimination
“Admittedly, Thomas has offered his own testimony about his restrictions, but Hill argues that Thomas cannot show, with any medical evidence, that he actually has these restrictions. The Court rejects Hill’s arguments.”
Thomas v. Hill, 2014 WL 3955656, at *7 (W.D. La. Aug. 13, 2014) (James, J.).