U.S. District Court, WDNY
Retaliation — Pretext
Vermette v. Verizon Wireless
Background: The plaintiff alleged that the defendant had retaliated against her for complaining of gender and racial discrimination by demoting her, denying her pay increases, subjected her to performance criticism and increased supervision. She also alleged that the actions taken by the defendant created a hostile work environment. The defendant moved for summary judgment.
Ruling: The court granted the defendant’s motion in its entirety. The court found that the plaintiff did not present evidence that would lead to an inference that the defendant’s reasons for its actions were pre-textual. Specifically, the plaintiff admitted to requesting to be transferred to any position on multiple occasions. In addition, it was established that the denial of pay increases were becasue of her work performance falling below expectations.
Christina A. Agola for the plaintiff; Amy L. Hemenway and Robert C. Weissflach of Harter, Secrest and Emery LLP for the defendant