Where a defendant employer has moved for summary judgment, the motion should be allowed because the plaintiff has failed to prove that the defendant’s proffered legitimate, non-discriminatory reason for firing her, namely, her repeated policy violations, is pretextual.
“This lawsuit arose when Alfreda Kendrick was fired from her job as a debt collector at Zwicker & Associates, P.C. …
“Kendrick worked at Zwicker from April 2016 until her employment was terminated in December 2021. Kendrick claims she was fired despite her having been a top performer because she is African American and disabled. Zwicker counters that she was fired due to her excessive, unexcused absences. …
“Zwicker’s motion for summary judgment is granted in full for the following reasons. First, the Americans with Disabilities Act (‘ADA’), Title VII, and Massachusetts General Laws chapter 151B claims are untimely (Counts I, II, V, VI, VIII, and IX). …
“The Court next grants summary judgment as to Counts III and IV, Kendrick’s Family and Medical Leave Act, 29 U.S.C. § 2615 (‘FMLA’), and the Massachusetts Paid Family and Medical Leave Act, Massachusetts General Laws chapter 175M (‘PFMLA’) claims. …
“The Court assumes without deciding that Kendrick has established a prima facie case, the first step in the burden-shifting framework. However, Kendrick has failed to prove that Zwicker’s proffered legitimate, non-discriminatory reason for firing Kendrick, namely, her repeated policy violations, is pretextual....
In 1995, Princess Diana made broadcasting history and shaped the future of the Royal Family when she sat down with Martin Bashir for an episode of BBC's Panorama. Three decades on, the interview c...