Estrada v. Donnelly Corp.

708 F. Supp. 834, 1988 U.S. Dist. LEXIS 15520, 47 Empl. Prac. Dec. (CCH) 38,246, 49 Fair Empl. Prac. Cas. (BNA) 1094, 1988 WL 151228
District Court, W.D. Michigan·Decided June 22, 1988·No. No. G86-683 CA6·Published

Opinion

OPINION

MILES, Senior District Judge.

Plaintiff filed the present action alleging violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and the Elliott-Larsen Act of 1976, Mich.Comp. Laws Ann. § 37.2101, et seq. Plaintiff was discharged from Donnelly within weeks after informing the defendant that she was pregnant. Plaintiff contends that she was discharged because of a medical condition related to her pregnancy. Defendant counters that plaintiff was terminated as a result of her excessive absenteeism, and that the decision to discharge her was made before defendant had any knowledge of plaintiff’s pregnancy. Thus, defendant argues, plaintiff’s pregnancy was not a consideration in the decision to terminate her employment.

Now before the Court is defendant’s motion to dismiss or for summary judgment filed pursuant to Fed.R.Civ.P. 12(b)(6) and 56(b). Plaintiff has responded to the motion and both parties have submitted attachments for the Court’s consideration.

Summary judgment is appropriate only in those instances where the documents tendered to the Court show that no genuine issues of material fact remain to be decided and where judgment may be entered as a matter of law. United States v. Articles of Device, 527 F.2d 1008 (6th Cir.1976). When a motion for summary judgment is made and properly supported, the non-moving party must come forward with specific facts showing that there is a genuine issue for trial. Matsushita Electric Industrial Co. Ltd. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). In determining whether there are issues of fact requiring a trial, “the inferences to be drawn from the underlying facts contained in the affidavits, attached exhibits, and depositions must be viewed in the light most favorable to the party opposing the motion.” United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962). Even if the basic facts are not in dispute, summary judgment may be inappropriate when contradictory inferences may be drawn from them. Id.; E.E. O. C. v. United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry, Local 189, 427 F.2d 1091 (6th Cir.1970). The failure to state a claim under title VII precludes a successful action under Elliott-Larsen and vice versa. Rabidue v. Osceola Refining Co., 584 F.Supp. 419, 426 (E.D.Mich.1984). Accordingly, the Court will use the time tested Title VII analysis to determine the motion sub judice.

As a general rule, contracts for employment are terminable at will. Toussaint v. Blue Cross & Blue Shield of Michigan, 408 Mich. 579, 292 N.W.2d 880 (1980). However, an employer may not make employment decisions on the basis of sex, pregnancy, or pregnancy-related medical conditions. 42 U.S.C. § 2000e (k), 2000e-2(a); Mich.Comp.Laws Ann. § 37.2101 et seq.

Plaintiff claims that she was terminated as a result of her pregnancy. Plaintiff notes that her supervisor at Donnelly, Dave Chattha (Chattha) told her that he was planning to terminate her because of her “health problem” and absenteeism. Plaintiff admits that her absenteeism rate was high.

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Estrada v. Donnelly Corp., 708 F. Supp. 834, 1988 U.S. Dist. LEXIS 15520, 47 Empl. Prac. Dec. (CCH) 38,246, 49 Fair Empl. Prac. Cas. (BNA) 1094, 1988 WL 151228 (W.D. Mich. 1988).

708 F. Supp. 834 (Estrada v. Donnelly Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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