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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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