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Coco v elmwood care inc 128 f3d 1177 1178 79 7th

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Unformatted text preview: Larimer was absent or distracted at work because of his wife's pregnancy or the birth and hospitalization of his daughters. As for (1), there is to begin with no evidence that health benefits are in the budget of the unit of IBM that employed and discharged Larimer. Cf. Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 761 (5th Cir.1996). Benefits can be in a unit's budget in multiple ways. For example, IBM may charge every manager's budget with a fringe-benefit allocation for each employee in his unit that is equivalent to the premiums for health insurance allocable to the employee, or, alternatively, with the dollar amounts actually paid in benefits to the unit's employees or their dependents. In the latter case but not the former, the manager would care about the actual expense for health services to the relatives of an employee in his unit because that expense would be in his budget. But there is no evidence that expenses are accounted for in that fashion. If IBM has a profit-sharing plan or pays bonuses based in part on company-wide performance, all employees who participate in the plan or receive such a bonus--and presumably they would include Larimer's supervisors--have a financial stake in the company's performance and thus a stake, however attenuated, in the firing of an "expensive" employee. But Larimer has made no effort to pitch his case on such ground either. Having no evidence, Larimer falls back on the ubiquitous McDonnell Douglas test for a prima facie case of employment discrimination. Den Hartog, the case with the most extensive discussion of the ADA's association provision, purports to use a version of the test that requires the plaintiff to show that "(1) the plaintiff was 'qualified' for the job at the time of the adverse employment action; (...
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