Thimons v. PNC Bank, N.A.

254 F. App'x 896
CourtCourt of Appeals for the Third Circuit
DecidedOctober 23, 2007
DocketNo. 06-3815
StatusPublished
Cited by53 cases

This text of 254 F. App'x 896 (Thimons v. PNC Bank, N.A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thimons v. PNC Bank, N.A., 254 F. App'x 896 (3d Cir. 2007).

Opinion

OPINION

McKEE, Circuit Judge.

Thomas A. Thimons appeals a grant of summary judgment in favor of his former employer, PNC Bank. Thimons alleged discrimination under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213 and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq. as well as under the Pennsylvania Human Relations Act (“PHRA”) 1 \ 43 P.S. §§ 951-963. For the reasons that follow, we will affirm.

I.

Since we write primarily for the parties who are familiar with this case, we need not discuss the procedural or historical background. We have jurisdiction pursuant to 28 U.S.C. § 1291. Our review of the district court’s grant of summary judgment is plenary. See Turner v. Hershey Chocolate U.S.A., 440 F.3d 604, 611 (3d Cir.2006). Summary judgment is appropriate where “there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). In reviewing a grant of summary judgment, we view all the facts in the light most favorable to Thimons as the non-moving party, and draw all reasonable inferences in his favor. See Bowers v. Nat’l Collegiate Athletic Ass’n, 475 F.3d 524, 535 (3d Cir.2007).

II.

In order to establish a prima facie case of discrimination under the ADA, Thimons must demonstrate: “(1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to perform the essential functions of the job with or without reasonable accommodations by the employer; and (3) he has suffered an otherwise adverse employment decision as a result of discrimination.” Gaul v. Lucent Technologies, Inc., 134 F.3d 576, 580 (3d Cir.1998).

Thimons contends that he was fired because of his age and alcoholism, and that summary judgment was not appropriate because material facts were in dispute concerning whether he was a “qualified individual” under the ADA as well as his honesty during the two interviews at PNC.

Claims under the ADA, ADEA, and PHRA all follow the familiar burden-shifting analysis set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). The plaintiff-employee bears the initial burden of proving a prima facie case of discrimination. Id. The burden then shifts to the employer to present a non-discriminatory reason for the adverse decision. Id. [898]*898Once an employer presents a non-discriminatory reason for termination under the ADA, ADEA, or PHRA, the employee must “present evidence contradicting the core facts put forward by the employer as the legitimate reason for its decision.” Kautz v. Met-Pro Corp., 412 F.3d 463, 467 (3d Cir.2005). See also Smith v. Davis, 248 F.3d 249 (3d Cir.2001) (reversing a grant of summary judgment for an alcoholic because defendants did not present a sufficient legitimate reason for his termination). The plaintiffs claim will not survive a summary judgment motion if he/she fails to fulfill the third step. Fuentes v. Perskie, 32 F.3d 759, 764 (3d Cir.1994).

To survive summary judgment at the third stage of the McDonnell Douglas analysis, the plaintiff must present sufficient evidence to allow a factfinder to conclude that the employer’s non-discriminatory reason was a post hoc fabrication, or pretext. Id. “[T]he plaintiff must point to some evidence, direct or circumstantial, from which a factfinder could reasonably either (1) disbelieve the employer’s articulated legitimate reasons; or (2) believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer’s action.” Simpson v. Kay Jewelers, Div. of Sterling, Inc., 142 F.3d 639, 644 (3d Cir. 1998).

[T]he plaintiff cannot simply show that the employer’s decision was wrong or mistaken ... Rather, the non-moving plaintiff must demonstrate such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer’s proffered legitimate reasons for its action that a reasonable factfinder could rationally find them “unworthy of credence” and hence infer “that the employer did not act for [the asserted] nondiscriminatory reasons.”

Fuentes, 32 F.3d at 765 (internal citations omitted).

Here, PNC maintains a “fidelity bond” which covers all employees and protects the company from theft. An employee’s coverage under that bond ends when he/ she is suspected of committing a fraudulent or dishonest act, “including making misrepresentations during an investigation.” A41.

PNC submitted evidence that Thimons was fired because he made inconsistent statements during investigatory interviews into overdrafts that were only discovered while he was on leave. The evidence established that Thimons’ responses during the interviews caused PNC to have a good faith and reasonable belief that Thimons may have committed fraud and he therefore no longer qualified for coverage under its fidelity bond. It is uncontested that eligibility for coverage under that bond is a condition of employment with PNC.

Thimons devotes a substantial part of his brief to arguing that there is a genuine issue of material fact about his alcoholism, any resulting impairment, and whether he was “disabled” within the meaning of the ADA, ADEA, or PHRA, as well as the extent to which his age was a motivating factor in his termination. See Appellants’ Br. at 18 to 25. However, nothing he has proffered refutes PNC’s explanation for his termination, a termination that has nothing to do with any protected classification or disability. Indeed, it is significant that, in refuting PNC’s concerns about his failing to call PNC’s relations manager about overdrafts, Thimons “responded that his phone was broken for a period of time and produced evidence of that fact.” Id. at 7. Given the omnipresence of telephones in this society, such an explanation could only have exacerbated and reinforced PNC’s concerns about Thimons’ veracity and candor regarding the overdrafts. It is difficult to understand how a single “broken” telephone could prevent an [899]*899employee from contacting his employer if the employee truly wanted to speak to the employer.

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254 F. App'x 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thimons-v-pnc-bank-na-ca3-2007.