Jamie Filipovic and Julie Pearce recently secured a major summary judgment victory for our client, a large Chicago area property management company, in an employment discrimination claim. The individual union employee Plaintiff sued his employer in federal court for national origin and disability discrimination after he was terminated. Filipovic and Pearce successfully argued to the Court that the employee’s allegations of disability discrimination did not rise to the level of a disability under the law as the purported disability had resolved – the employee admitted at his deposition that the injury had fully healed. Additionally, Filipovic and Pearce convinced the court that there was no issue of fact that the employee was terminated for poor performance and dishonesty. Plaintiff lacked direct or circumstantial evidence that there was a discriminatory reason for his termination, and therefore, there was no prima facie case of discrimination under Title VII. Filipovic and Pearce convinced the court that allegations of laughing and mocking Plaintiff’s accent was an isolated incident and did not rise to the level of discrimination, because the employer admittedly did not understand what he was saying. Further, Filipovic and Pearce successfully argued that there was no indirect evidence that the employer’s nondiscriminatory reason for termination was dishonest – the fact that the employer had not seen various documents regarding his employment in his employee file, does not make them false. As a result, summary judgment on the entire action was granted in the employer’s favor.
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