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Woman loses appeal of discrimination lawsuit against employer

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The 7th Circuit Court of Appeals agreed with the lower court that a pharmaceutical company did not discriminate against a sales representative based on her age or retaliate against her for filing a complaint with the Equal Employment Opportunity Commission.

Julia Hutt worked as a sales rep for Solvay Pharmaceuticals since 2001. In 2008, she was issued a performance improvement plan and placed on informal warning status by supervisors Brian Lozen and Jeff Westfall based on uncompleted administrative tasks. Hutt was issued another PIP in 2008 and also warned two more times that year based on her performance. Because of her employment status, she was not eligible for any bonuses.

In 2009, she filed her complaint with the EEOC. She was taken off of final warning status in April 2010, retroactive to December 2009. Based on her status, she was ineligible for incentive pay and bonuses for seven consecutive quarters.

The District Court ruled in favor of Solvay, now known as AbbVie Products LLC, finding Hutt failed to identify a similarly situated comparator to show discrimination and retaliation. And because she was ineligible for bonus payments while on warning status, she has no cause of action under the Indiana Wage Payment Statute as she had alleged. Hutt was 54 at the time the court granted summary judgment for her employer.

Hutt only stated a claim for discrimination under the direct method, and the 7th Circuit found that her claim fails because it lacks both direct and circumstantial evidence. She provided no evidence that Westfall, Lozen or any other employee admitted to discriminating against her based on her age. They also found there was no evidence, as Hutt claimed, that the treatment of her and another employee, who was 59 and also put on warning status and later fired, had anything to do with their ages.

Her retaliation claim fails because she doesn’t assert a causal connection between the filing of the EEOC charge and Solvay’s adverse employment actions. She was already on formal warning status at the time her EEOC charge was filed.

“Her chosen legal theory – retaliation – calls for evidence of adverse employment actions linked to a protected activity, not just evidence of problematic hostility,” Judge John Tinder wrote.

Hutt also failed to develop her bad-faith argument regarding her Wage Payment Statute claim and cannot now raise it for the first time on appeal, the court held in Julia Hutt v. AbbVie Products LLC, 13-1481.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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