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DMG Attorneys Win Motion for Summary Judgment


Daley Mohan Groble recently secured summary judgment for the City of Harvey in a suit brought under the Americans with Disabilities Act (ADA) for alleged discrimination and retaliation against an employee assigned to the Harvey Police Department. The plaintiff initially filed a charge with the Equal Employment Opportunity Commission (EEOC) claiming he was less favorably treated, and that the City failed to provide reasonable accommodations for plaintiff's disability. Plaintiff then filed a subsequent EEOC claim alleging retaliatory and discriminatory conduct in response to filing the first EEOC charge. The court found that the plaintiff could not show retaliation or discrimination as the incidents cited either occurred before the initial EEOC claim, or did not constitute activities that were materially adverse employment actions, and granted the City's motion for summary judgment.

The plaintiff alleged that he was denied light duty after an accident and filed a claim with the Equal Opportunity Employment Commission (EEOC), who issued him a notice of right to sue. He chose not to sue. He then filed another charge alleging that his supervisors engaged in retaliatory and discriminatory conduct after he filed his first EEOC charge. He cited a number of supposed incidences to support his claims.

In making its motion for summary judgment, the City of Harvey proved that there were no issues of material fact, and further that the nature of the incidents cited could not be regarded as retaliatory or discriminatory. First, several of the alleged retaliatory incidents happened before the first EEOC charge and thus could not be retaliatory. Next, based on the incidents cited, the Court found that no reasonable jury could find that the plaintiff had suffered a materially adverse employment action. Finally the plaintiff cited as retaliatory a number of instances in which he said he was not paid, or was deprived of sick or vacation time, but upon examining the circumstances of the claims, he does not provide evidence that a reasonable jury could infer retaliation. The plaintiff failed to find any similarly situated employees who were treated better than he was. Based on these reasons, the Court granted the motion for summary judgment.

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