By: Daily Record Staff//April 21, 2013
By: Daily Record Staff//April 21, 2013//
U.S. District Court, WDNY
Constructive Discharge — Discriminatory Animus
Lippincott v. Target Corporation
Background: The defendant moved for summary judgment seeking to dismiss the plaintiff’s Age Discrimination in Employment Act case.
Ruling: The District Court granted the motion. The court found that the plaintiff failed to establish that she suffered an adverse employment action. The plaintiff’s argument rested on the belief that once a Target employee received a final warning, it was only a matter of time before that employee would be fired. Even if such constructive discharge could be established, there was no evidence that the plaintiff’s supervisor demonstrated any animus against her based upon her age.
Christina A. Agola for the plaintiff; Peter A. Walker and Daniel B. Klein of Seyfarth Shaw for the defendant