GE did not discriminate against employee

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A longtime employee at the Bloomington General Electric Co. plant could not prove to the 7th Circuit Court of Appeals that the company discriminated against her because of a disability and retaliated against her when she filed a complaint with the Equal Employment Opportunity Commission.

Renee Majors suffered a work-related shoulder injury in 2000 that permanently left her limited to lifting no more than 20 pounds and other restrictions regarding her right arm. In May 2009, she was the senior most eligible bidder for a temporary purchased material auditor position. Under the plant's collective bargaining agreement, vacant positions are to be awarded to the senior most eligible employee who bids on the position.

But the auditor position required lifting more than 20 pounds occasionally and GE determined Majors was not medically qualified for the position. Majors suggested that a material handler could do the heavy lifting. Majors filed a charge of discrimination with the EEOC alleging she was denied the temporary position because of her disability and sex. She then claimed as a result of filing her EEOC charge, she was denied overtime hours and the chance to work “lack of work” Fridays at the plant.

A few months later, she decided to participate in the early retirement program and retire in November 2009. But before her retirement, she applied for a permanent senior auditor position. It went to another bidder because of the lifting requirements. Majors then filed a second suit alleging discrimination under the Americans with Disabilities Act and Title VII, retaliation and constructive discharge.

The District Court granted summary judgment to GE on all of Majors’ claims. She appealed in Renee S. Majors v. General Electric Co., 12-2893, except the Title VII discrimination claim.

“The accommodation Ms. Majors seeks – another person to perform an essential function of the job she wants – is, as a matter of law, not reasonable, so GE isn’t required to show the accommodation would create an undue hardship. Ms. Majors hasn’t pointed to evidence that could support a finding that she was a qualified individual (under the ADA); without that, she can’t show that GE failed to provide a reasonable accommodation,” wrote Judge Robert L. Miller Jr. of the Northern District of Indiana, sitting by designation.

Looking toward her retaliation claim, Miller wrote, “When examined in context, the assignment to Ms. Majors of less overtime hours than two of her coworkers and fewer ‘lack of work’ Fridays than three of her coworkers during the months after she filed an EEOC charge doesn’t amount to sufficient evidence to support an inference of causation.”

“We agree with the district court that Ms. Majors has offered no evidence that would allow her retaliation claim to survive summary judgment under either the direct or indirect method of proof,” he wrote.

The 7th Circuit affirmed in all respects.



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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.