The Seventh Circuit explained that the record showed that Zayas was fired after she sent insubordinate emails to her supervisor after having been warned not to. The fact that Zayas was the oldest technician and that she was replaced by a younger employee alone was insufficient to establish a viable discrimination claim. Additionally, Zayas’s insubordinate emails established that she was not meeting the hospital's job expectations at time she was fired, and Zayas failed to present evidence that other employees were treated more favorably.
The Seventh Circuit held that the District Court did not err in granting employer’s motion for summary judgment in a Title VII and ADEA action, where the employee claimed that her employer fired her from her because of her age and national origin. Zayas v. Rockford Memorial Hospital, No. 13-2555 (January 30, 2014).
The Seventh Circuit explained that the record showed that Zayas was fired after she sent insubordinate emails to her supervisor after having been warned not to. The fact that Zayas was the oldest technician and that she was replaced by a younger employee alone was insufficient to establish a viable discrimination claim. Additionally, Zayas’s insubordinate emails established that she was not meeting the hospital's job expectations at time she was fired, and Zayas failed to present evidence that other employees were treated more favorably.
0 Comments
The Seventh Circuit held that the District Court did not err in denying defendant-employer’s motion for summary judgment in an action alleging FMLA violations.
Despite the employee's loss, there is a silver lining for employees in that the court recognized ongoing care during "pleasure trips." Employee Ballard claimed that she was fired in violation of FMLA because she spent six days of unapproved absence taking care of her disabled mother during Las Vegas pleasure trip. While the Park District argued that her time spent during trip was not covered under FMLA because the trip was not related to the continuing course of medical treatment, the Court found that time spent on trip was covered under FMLA because Ballard tended to mother’s basic medical, hygienic, and nutritional needs during said trip. The Court addressed the Park District's concern that employees will abuse FMLA provisions by taking similar leaves by pointing out employers can insist that employees obtain certification for the trip by a medical provider. Ballard v. Chicago Park District, No. 13-1445 (January 28, 2014). The Seventh Circuit held that the District Court erred in granting defendant’s motion for summary judgment in an ADA action alleging that an employer terminated the plaintiff because of her narcolepsy disability. Spurling v. C & M Fine Pack, Inc., No. 13-1708 (January 13, 2014).
The District Court had found that the employer's issuance of an April 15, 2010 email notifying the plaintiff that she was suspended pending termination constituted plaintiff’s effective termination date, the Seventh Circuit he'd that it did not as it merely initiated investigation into her termination. Accordingly, plaintiff was still employed at time defendant became aware of her disability - the April 28, 2010 notification of plaintiff’s disability. Additionally, the employer failed to engage plaintiff in interactive process to determine an appropriate accommodation, management ignored the medical evaluation of plaintiff's narcolepsy, and plaintiff’s accommodation of additional time to seek medical testing and prescription to control her narcolepsy was readily available. |
As a Chicago employment lawyer, the firm focus primarily on employment law. Archives
June 2017
Categories
All
|