Takeaway: When discussing performance or misconduct issues with an employee, the employee may reference their protected status. Employers should not let the employee change the subject, but should remain focused on the facts of performance or conduct to avoid feeding into employee suspicions and claims of unlawful considerations.
An employee who mentioned that she had post-traumatic stress disorder (PTSD) and who made statements that were interpreted to be threats did not have valid age and disability discrimination claims, the 7th U.S. Circuit Court of Appeals recently decided.
In June 2018, the plaintiff started as a temporary employee with Avancez, a car parts manufacturer. She was assigned to the third shift of the console line, which had eight different stations, and worked at the Continuity and Final Inspection Station. She performed testing on electronics and inspected each console before shipment to a car manufacturer.
The plaintiff was the oldest assembler on the shift. In September 2018, Avancez hired the plaintiff as a permanent employee. According to the plaintiff, shortly after being hired, she participated in a two-day orientation and training session for new employees. She claims that the trainer asked all the participants their names and ages, and she complied.
In October 2018, the plaintiff informed her team lead that she was supposed to be, but had not been, trained on other stations. According to the plaintiff, a third-shift plant manager asked the team...
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