“The Court finds that nearly all of Defendant’s arguments that Plaintiff was fired for performance related issues are not clearly supported by an employment records…. Livingston management often uses write-ups and notices to establish a record. According to the record from the time that Plaintiff was hired until she was terminated, it is not clear
Employment Discrimination
Plaintiff’s sworn affidavit, even if contradicted by Defendant’s witness, creates a question of fact.
By JCOHEN on
Posted in Employment Discrimination
“Without more conclusive documentary or other evidence, it is essentially Mr. Baldwin’s word against Mr. Obasogie’s, and the summary judgment mechanism cannot resolve such a basic credibility dispute.”
Obasogie v. Harris County Hospital District, CA No. 4:12-cv-3172, 2013 WL 69162446 at *7 (S.D. Tex. December 31, 2013) (Ellison, J.).
Lack of an additional supposed reason for separation on termination notice is evidence of pretext.
By Gregory A. Placzek on
Posted in Employment Discrimination
“The company document notes that Huske’s termination was involuntary and attributed to a permanent layoff. There is absolutely no other reason given for her termination on the form. In box 21, Tyson could have stated that she just couldn’t operate in the gray area, she didn’t smile enough, she was just too blunt, or she…
Evidence that a supervisor believed an employee would be a good fit on a project but was told by management that the employee wasn’t allowed on the project constitutes evidence of pretext.
By JMANCHESTER on
Posted in Employment Discrimination
“Plaintiff has presented evidence that raises a genuine issue of material fact in support of her claim…. She has presented evidence that Davide Penninger, an IT Department Manager, believed Plaintiff could be best utilized as a member of the SAP team and, therefore, returned her to the team. Penninger was precluded from doing so and…
Once an employer has articulated legitimate, nondiscriminatory reason for an employment action at issue, the employee must present substantial evidence that the employer’s proffered reason is a pretext for discrimination.
By CRANSOM on
Posted in Employment Discrimination
“When it is alleged that bigoted remarks are laughed at by fellow employees and managers, even when those remarks are not directed at the plaintiff, it becomes more likely the plaintiff will show pretext.”
Rideout v. Allstate Insurance Co., 2013 WL 6061330 at *6 (N.D. Miss. November 18, 2013) (Mills, J.).
An employee may rely on direct or circumstantial evidence to support an employment discrimination claim.
By Nicole M. Conger on
Posted in Employment Discrimination
“So long as a plaintiff meets the ‘minimal’ initial burden of establishing a prima facie case of discrimination, she is entitled to a presumption of discrimination…. Although the precise elements of this showing will vary depending on the circumstances, the plaintiff’s burden at this stage of the case is not onerous.”
Hall v. RDSL Enterprises…
In ADEA cases, plaintiff’s replacement does not have to be under the age of forty.
By Gregory A. Placzek on
Posted in Age discrimination
“Because the ADEA prohibits discrimination on the basis of age and not class membership, the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class.”
Huske v. Tyson Foods, Inc.,…
A disputed account as to whether supervisor said employee was “too old” and supervisor was “not comfortable” with promoting employee because he was so much older can constitute direct evidence.
By JCOHEN on
Posted in Age discrimination
“Mr. Obasogie claims that, when he asked his supervisor, Frank Baldwin, why he had not been promoted, Mr. Baldwin told him that he was ‘too old’ and that he was ‘not comfortable’ as Mr. Obasogie’s manager because Mr. Obasogie was ‘too much older than him…. The Court believes that the comments could constitute direct evidence…
In a 1983 case, there does not have to be an official report to city board to evidence knowledge and custom.
By Gregory A. Placzek on
Posted in Employment Discrimination
“Police Commissioner Ford learned of an allegation of sexual harassment by officer Kingdom and admittedly did not report the incident to the board, … Kingdom was fairly notorious. Mayor Willis stated that he learned of some of Kingdom’s actions through ‘street-talk….” Kingdom’s continued work as a police officer provided an outlet to harass various women. …
An employee may establish a prima facie cause of age discrimination by presenting evidence that her hours were gradually reduced while younger employees’ remained the same, she was discharged, and the younger employees were trained to move into her position.
By Nicole M. Conger on
Posted in Age discrimination
“Hall presented evidence that younger employees were trained to move into positions that assumed the duties of the food prep position—a position that Hall presented evidence was being phased out of RDSL’s corporate structure. Hall further presented evidence that unlike her younger counterparts, she was not trained for this new position. This evidence is the…