CourtCases2010

Henderson testified that she learned of the meeting

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Unformatted text preview: n. Mar. 21, 2006) (quoting Schreiber v. Woldco, LLC, 324 F.Supp.2d 512, 518-19 (S.D.N.Y.2002)). Henderson claims that Shepard's derogatory remark about Blaney leaving to "fix her lipstick" when Blaney excused herself from the staff meeting (dkt. # 44, Henderson Dep., Ex. 8 at 56:6-7) and his comment about Blaney wearing a skirt and high heels on the factory floor (dkt. # 44, Henderson Dep., Ex. 8 at 40:14-18.) are not stray remarks. Although it is unclear when the remarks in question were made, the court finds that taken in the light most favorable to the nonmoving party, the remarks 176 were made by a decision-maker, Shepard, and could be viewed as discriminatory. These remarks, however, are unconnected to both the decision-making process to terminate Henderson and the adverse employment action that was taken against Henderson. Shepard made the remarks with respect to Blaney, not Henderson. Further, the remarks did not relate to Henderson's job performance. In addition, the parties agree that Shepard did not partake in either the telephone call where Henderson informed Blaney, LaCroix, and Canova that she no longer wanted to work for the business or the telephone call where Blaney and LaCroix told Henderson that she could not rescind her resignation. Lastly, Henderson admits that Shepard alone approved of Blaney and LaCroix's decision not to allow Henderson to rescind her termination. Accordingly, Shepard's remarks concerning Blaney qualify as stray remarks, which cannot be used to prove gender discrimination. In support of her contention that she was terminated because of her sex, Henderson argues that GE IMV was referred to as "the company run by women" and that Shepard replaced four high ranking female executives (Madrisotti, Kasdan, Gawin, and Henderson) with men during the time period of January 2002 to December 2002. With respect to her claim that Shepard terminated Madrisotti, Henderson admits that Madrisotti left the company on her own volition, thus making any claim of an adverse employment action due to gender discrimination inapplicable to her. [FN8] Additionall...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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