336 A.3d 423
Vt.2025Background
- Robert Caldwell was employed by Champlain College from January 2017 to September 2019 as Vice President of Advancement and then Chief Advancement Officer, primarily responsible for fundraising.
- Caldwell consistently missed his fundraising targets, particularly underperforming in fiscal years 2018 (missed by 17%) and 2019 (missed by over 56%, representing a shortfall of more than $2.2 million).
- In May 2019, Caldwell was diagnosed with chronic kidney disease and notified the college's then-president. In July 2019, under a new interim president, Caldwell referenced ongoing health issues.
- Caldwell was terminated in September 2019, with the stated reason being failure to meet fundraising goals; the board supported this decision.
- Caldwell sued Champlain College in March 2021 for disability discrimination under Vermont’s Fair Employment Practices Act (FEPA) and for promissory estoppel, which the trial court dismissed on summary judgment. He appealed the dismissal.
Issues
| Issue | Caldwell's Argument | Champlain's Argument | Held |
|---|---|---|---|
| FEPA Disability Discrimination | Termination was because of his disability. | Termination was due to missed fundraising targets. | No evidence of pretext or discrimination; summary judgment for Champlain affirmed. |
| FEPA: Prima Facie & Pretext | He established a prima facie case and Champlain’s reason was pretextual. | No evidence supports pretext; poor performance was undisputed. | Caldwell failed to show pretext; summary judgment affirmed. |
| Failure to Accommodate (abandoned claim) | N/A (not pursued at oral argument). | N/A | Not considered. |
| Promissory Estoppel | He relied on promises from Champlain for long-term employment. | No evidence of any specific, actionable promise. | No specific promise pled or proven; summary judgment affirmed. |
Key Cases Cited
- Robertson v. Mylan Lab’ys, Inc., 176 Vt. 356 (Vt. 2004) (standard for summary judgment appeals)
- Ross v. Times Mirror, Inc., 164 Vt. 13 (Vt. 1995) (burden of production on summary judgment)
- Gauthier v. Keurig Green Mountain, Inc., 200 Vt. 125 (Vt. 2015) (McDonnell Douglas burden-shifting in employment discrimination)
- Dillon v. Champion Jogbra, Inc., 175 Vt. 1 (Vt. 2002) (promissory estoppel in employment)
- Boulton v. CLD Consulting Eng’rs, Inc., 175 Vt. 413 (Vt. 2003) (prima facie case burden in employment discrimination)