Johnson v. Interstate Management

Plaintiff filed suit against defendant after he was terminated from his position as a cook, alleging that defendant retaliated against him for his previous complaints under Section 11(c) of the Occupational Safety and Health Act (OSHA), 29 U.S.C. 660(c); under Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq.; the Americans with Disabilities Act (ADA), 42 U.S.C 12101 et seq.; and the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 623(d). The court rejected plaintiff's claim that defendant fired him in retaliation for his filing of a complaint with OSHA, and declined to recognize a new implied cause of action under Section 11(c). The court agreed with the district court's conclusion that plaintiff failed to present sufficient evidence for a reasonable jury to find that defendant's stated reason for firing plaintiff was a pretext for retaliation. In this case, the record lacks any direct or indirect evidence of retaliation. Rather, the record contained a plethora of evidence supporting defendant's stated reason for firing plaintiff: 13 violations of company policy. Accordingly, the court affirmed the judgment. View "Johnson v. Interstate Management" on Justia Law