LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report   2017 - 2016 - 2014

Court Grants Summary Judgment and Dismisses Claims

The plaintiff brought claims against his former employer and its parent corporation alleging age, sex, religious and disability discrimination; hostile environment harassment; retaliation for engaging in protected activity; retaliation and interference with rights in violation of the Family and Medical Leave Act; and breach of contract based on alleged failure to pay unused paid time off upon termination of employment.  The United States District Court for the District of Arizona granted the defendants’ Motion for Summary Judgment and dismissed the plaintiff’s claims in their entirety. 

In its 20-page order, the court rejected the plaintiff’s arguments that his lengthy disciplinary history somehow proved that his eventual termination was discriminatory:  “Here, Defendants endured dozens of infractions before finally drawing the line.  An employer’s past leniency, in the form of warnings and second chances, does not oblige the employer to suffer further transgressions.”  Steve Mooney and Matt Gomes represented the defendants.

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