The hustle and bustle of December has not slown down the Ninth Circuit. This month alone the Court has ruled on a number of labor and employment issues including reversing a $2.5 million dollar Plaintiff verdict against Dr. Pepper, finding that there were errors in the ADEA trial, and affirming the granting of summary judgment in Curley v. City of N. Las Vegas.
Click here to view image.
"Dr. Pepper Logo" by toprankonlinemarketing is licensed under CC Attribution 4.0 International
The Ninth Circuit’s affirmation of Curley should be especially appreciated by employers as while Curley alleged his termination was the result of his request for an accommodation for a hearing impairment, the city asserted that it fired Curly after an investigation revealed Curley had at one point threatened to shoot a supervisor’s children in the kneecaps, in addition to other severe misconduct. While Curley attempted to argue pretext, based off a doctor’s conclusion that he was fit for duty and not a threat to himself or others, the court found “the City’s failure to fire Curley sooner does not constitute evidence from which a jury could find that the stated reasons for firing Curley were pretextual.”