Cynthia G. Anderson v. Amazon.com Services LLC

Summary

The United States District Court for the Eastern District of North Carolina denied the plaintiff’s motion under Federal Rule of Civil Procedure 56(d) to defer consideration of summary judgment and granted Amazon’s motion for summary judgment. The court held that the plaintiff failed to identify an adverse employment action supporting her Title VII, 42 U.S.C. § 1981, ADEA, or FMLA discrimination and retaliation claims. The court also rejected or deemed waived her hostile work environment claims.

Holdings

1. The Rule 56(d) motion was properly denied because Anderson did not explain how the requested discovery would create a genuine issue of material fact, and the discovery appeared directed only to pretext rather than the absence of an adverse employment action.
2. Anderson failed to establish an adverse employment action because her lowest performance rating and placement on a performance improvement plan did not, on the evidence presented, adversely affect the terms, conditions, or benefits of her employment, and removal from the plan could only have had a positive employment effect.
3. Anderson failed to establish a prima facie case of discrimination or retaliation under Title VII, § 1981, the ADEA, or the FMLA because she presented no evidence of an adverse employment action.
4. Anderson failed to establish a hostile work environment because she did not identify unwelcome conduct sufficiently severe or pervasive to alter the conditions of her employment and create an abusive work environment.

Questions Presented

1. Whether Anderson demonstrated under Rule 56(d) that additional discovery was necessary to oppose summary judgment.
2. Whether Anderson presented evidence of an adverse employment action sufficient to establish a prima facie discrimination or retaliation claim under Title VII, § 1981, the ADEA, or the FMLA.
3. Whether Anderson established a hostile work environment under Title VII, § 1981, or the ADEA.
4. Whether Anderson waived theories concerning constructive discharge and similarly situated comparators by failing to address them in opposition to summary judgment.

Disposition

other