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Home / Case Digests / Retaliation: Gilderhus v. Concentrix Corp.

Retaliation: Gilderhus v. Concentrix Corp.

U.S. District Court, WDNY


Termination — Non-Discriminatory Reason

Gilderhus v. Concentrix Corp.
08-cv-6368 CJS
Judge Siragusa

Background: The defendant had hired the plaintiff as director of its call center operations. The plaintiff was promised a bonus plan in addition to her regular compensation, but the defendant never produced a plan prior to the plaintiff’s termination. The plaintiff’s immediate predecessor, who was a male, received a bonus plan. The plaintiff was placed in charge of a major account with a local client, but becasue of mismanagement, the defendant lost the account and she was terminated. The plaintiff brought an action under Title VII alleging sex discrimination. She also alleged she was retaliated against for reporting the unpaid bonuses. The defendant moved for summary judgment.

Ruling: The district court found that the plaintiff had failed to meet her burden and dismissed her complaint. The circumstances surrounding the plaintiff’s termination did not give rise to an inference of discrimination as she could not demonstrate that she was a satisfactory employee. Moreover, the defendant provided a non-discriminatory reason for the plaintiff’s termination as she mismanaged and lost a very important account for the company.

Christina A. Agola for the plaintiff; Linda T. Prestegaard of Phillips Lytle LLP for the defendants