ELLIOTT GREENLEAF WINS SUMMARY JUDGMENT IN A DISCRIMINATION AND RETALIATION CASE IN FEDERAL COUR

Elliott Greenleaf recently won summary judgment for the Borough of Kingston, Luzerne County and its officials dismissing a case alleging the an employee’s failure to be promoted and subsequent termination were the result of discrimination and retaliation because of his disability.

In granting summary judgment, the Court affirmed Elliott Greenleaf’s position that there was no due process violation because following his termination, the plaintiff had available to him, but failed to utilize the grievance procedures available through a collective bargaining agreement. Further, the Court agreed with the argument of Elliott Greenleaf that the plaintiff failed to make out a prima facie case claim of discrimination under the Age Discrimination Act (“ADA”) because he did not establish that he was a “qualified” individual under the Act.

In addition, in dismissing the plaintiff’s ADA retaliation claim, the Court affirmed the position of Elliott Greenleaf that the plaintiff did not establish a prima facie case for a hostile work environment because of the municipality’s legitimate and non-discriminating reasons for terminating him, namely that the plaintiff misrepresented his alleged disability and work capabilities and that he was investigated for, charged with and eventually convicted of forgery.

John G. Dean, Mark W. Bufalino and Paul A. Galante of the firm’s Wilkes-Barre office represented Kingston and its officials.