This preview shows page 1. Sign up to view the full content.
Unformatted text preview: t it is more likely than [*12] not that her disability was the
reason for her discharge. Weigel v. Target Stores, 122 F.3d 461, 465 (1997) (citing
Leffel v. Valley Fin. Servs., 113 F.3d 787, 792-794 (7th Cir.), cert. denied, 522 U.S.
968, 118 S. Ct. 416, 139 L. Ed. 2d 318 (1997)). If the plaintiff can establish a prima
face case it raises a presumption of discriminatory motive, and the burden then
shifts to the employer to articulate a legitimate, non-discriminatory reason for its
decision. DeLuca v. Winer Indus., Inc., 53 F.3d 793, 797 (7th Cir. 1995). If the
employer satisfies its burden, the presumption vanishes and the plaintiff must prove
that the employer's stated reason is mere pretext masking discriminatory action.
Weisbrot v. Medical College of Wisc., 79 F.3d 677, 681 (7th Cir. 1996).
In the present case, no genuine factual disputes exist as to two of the four prima facie
elements of Zihala's disability discrimination claim. There is no dispute that Zihala
suffered an adverse employment action when she was discharged and the Department
apparently concedes for purposes of the instant motion that Zihala was "disabled" within
the meaning of the ADA. The Department contends, however, that it discharged [*13]
Zihala because she was not meeting its legitimate expectations of a Chemist I. The
Department argues that Zihala's alleged disability played no role in her discharge as
evidenced by the fact that Dr. Pirl was unaware of any disability before he decided to
recommend that the Department discharge Zihala. The Department claims that, because
its decision to discharge Zihala was based solely on Dr. Pirl's recommendation, it
discharged Zihala because of her poor work performance and disruptive behavior. In 187 short, the Department concludes that there is no evidence that it discharged Zihala
because of her alleged disability.
After a careful review of the record, we find that there is insufficient evidence to enable a
reasonable jury to conclude that the Department discharged Zihala because...
View Full Document
This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08