HENDERSON SCOTT, Plaintiff, v. IBM CORPORATION, Defendant., 196 F.R.D. 233

Summary

Plaintiff, a black male, worked as a customer engineer for defendant. Plaintiff received an evaluation downgrade and was notified that he was to be terminated due to downsizing and because of his poor job performance. Plaintiff filed an employment discrimination action, claiming that he was discharged and retaliated against in violation of Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), 42 U.S.C.S. § 1981, and the New Jersey Law Against Discrimination (NJLAD). The court held that plaintiff failed to establish a prima facie case of disability discrimination under the ADA absent evidence of a substantially limiting impairment. Plaintiff created a triable issue of pretext for his Title VII and ADEA claims. Plaintiff created a genuine issue of material fact as to whether his discharge was based on retaliatory animus. Plaintiff's § 1981 and NJLAD claims were untimely and not subject to ...