780 F. Supp. 2d 600
S.D. Ohio2011Background
- Moore, born 1948, is a registered dietitian with a long tenure at Abbott starting 1982.
- Abbott eliminated Moore’s physician’s specialist position in a 2005 reduction in force.
- Moore applied for twelve Abbott positions post-termination; Abbott hired younger candidates for twelve positions.
- Abbott rehired Moore in March 2006 as a sales trainer; Moore alleges age-based retaliation and harassment.
- Moore resigned in March 2008, asserting constructive discharge based on harassment; case includes ADEA and Ohio Rev. Code 4112 claims.
- Court grants summary judgment in part, denying only Moore’s claim on Requisition No. 31917.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie age discrimination for failure to hire | Moore applied; qualified; rejected; younger hires. | Hiring decisions occurred before Moore applied or were not discriminatory. | Some claims dismissed; others unresolved; 31917 survives. |
| Pretext and legitimate reasons for not hiring | Record shows possible pretext for some dismissals. | Abbott’s reasons are legitimate and non-discriminatory. | Most failure-to-hire claims barred; 31917 remains. |
| Cancelled positions and discrimination claim | Cancellation intended to evade hiring Moore. | Cancellation cites nondiscriminatory reasons. | Cancelled-positions claims resolved against Moore; one exception remains for 31917. |
| Retaliation against Moore post-rehire | Various alleged acts deter protected activity. | Most alleged acts are de minimis or not causally linked to protected activity. | Most retaliation claims dismissed; 2006 and 2007 evaluations insufficient for causation. |
| Constructive discharge | Harassment made continued employment intolerable. | No objective intolerability or intent to force resignation. | Constructive discharge claim dismissed. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for discrimination claims)
- Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (1981) (establishes prima facie case and pretext framework)
- Gross v. FBL Fin. Servs., Inc., 557 U.S. 167 (2009) (requires 'but-for' causation in age discrimination claims)
- Harris v. Metro. Gov't of Nashville and Davidson County, 594 F.3d 476 (2010) (pretext and burden-shifting standard in ADEA claims)
- Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006) (materially adverse action standard for retaliation)