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Dollar general sop manual.Dollar General Assistant Manager Job Duties
Weinstein, Bobby C. Pl's Mem. Bost based on a disability in violation of the Americans with Disabilities Act "ADA" dollar general sop manual it terminated her employment on July 24, In March of Robin Onuoha, began working with Ms. Bost as a supported employment coach Id. See 29 C. As Ms. Bost's job coach, one of Onuoha's functions was to assist Ms. Bost in finding employment. With Onuoha's assistance, Ms. Bost completed and submitted dollar general sop manual job application to Kenyatta Smith, who was the Assistant Store Manager.
Based on Ms. Bost's appearance and speech, Smith concluded that Ms. Bost was "handicapped. Bost at all times while Ms. Bost was working and that if Ms. Bost could not perform a task independently, Onuoha would assist her in performing it. Id Onuoha further explained that Dollar Dollar general sop manual would not pay for Onuoha's services.
At the time of Dollar general sop manual. Bost's hire, Smith believed that Ms. Bost could not operate a cash register and could not unload boxes from delivery trucks. Id During her period of employment, Ms. Bost was never asked to operate a cash register or unload trucks. Working twelve hours a week, Ms. The job functions Ms. Onuoha assisted Ms. Bost in the performance of her job by repeating instructions given by the manager or supervisor, and arranging Ms.
Bost's work area so that she could perform assigned tasks more easily. Defendant acknowledges that the job functions Ms. Bost engaged in "were performed satisfactorily," but contends Ms. Bost was not capable of "performing all essential functions of the clerk position.
In this capacity, Von Cannon dollar general sop manual responsible for the dollar general sop manual operation of the store, and all store employees reported to her. Von Cannon's understanding was that she needed the approval of District Manager McCray to terminate employees.
According to Von Cannon, she terminated Ms. Bost after McCray, who was visiting the dollar general sop manual that day, approached her and, referring to Ms.
Bost, stated, "[a]re we paying for that? McCray, who is no longer a Dollar General employee, denies making any such statements and, indeed, maintains that he had nothing to do with the termination decision. McCray Dep. On the termination paperwork, Von Cannon indicated that she fired Ms. Bost due to "lack of work" and "payroll. However, in dollar general sop manual deposition Von Cannon stated that these reasons were false and testified that, in order dollar general sop manual avoid hurting Ms.
Bost's feelings, she "lied and told her that [she] had to let her go because of [the store's] payroll. Within the month preceding Ms. Bost's termination and the month following her termination, Dollar General sought applicants and hired individuals for clerk positions in the Granite Quarry store. Dollar general sop manual indicated in its response to Plaintiffs interrogatories, Dollar General's position on the circumstances surrounding Ms. Bost's termination is that:.
As this statement indicates, in the context of this litigation Dollar General has asserted that Ms. Bost was terminated because she "could not perform the other essential functions of the clerk position with or without a reasonable dollar general sop manual Defendants move for summary judgment solely on this basis dollar general sop manual that, because Plaintiff cannot show that Ms.
On the other hand, Plaintiff moves for summary judgment on the entire issue of liability, arguing: 1 that Plaintiff has established dollar general sop manual the elements of its prima facie case, including showing that Ms. Bost was a qualified individual with a dollar general sop manual, 2 that Defendants have not produced evidence that it discharged Ms. Bost for a legitimate, non-discriminatory reason, and 3 even if Defendants have produced evidence of a legitimate, non-discriminatory basis for Ms.
Bost's discharge, the reason proffered by Defendants is pretextual. Alternatively, Plaintiff directly addresses the opposite side of Defendants' Motion for Summary Judgment argument by contending that the Court should find as a matter of law that Ms. Bost is a qualified individual with a disability and grant summary judgment as to that portion of Plaintiffs prima facie case.
Summary judgment is appropriate when "there is no genuine issue as to any material fact and A fact is considered "material" if it "might affect the outcome of the перейти на источник under the governing law Liberty Lobby, Inc. Under this standard, a genuine issue of material fact exists "if the dollar general sop manual is such that a reasonable jury could return a verdict for the nonmoving party. Aetna Cos. When ruling on a summary judgment motion, the Court views the evidence in the light most favorable to the non-moving party, according that party the "benefit of all reasonable inferences.
The moving party bears the initial burden of establishing that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Catawba Indian Tribe of S. South Carolina, F. Once the moving party has met this ссылка, the adverse, or non-moving party must set forth specific dollar general sop manual showing that there is a genuine issue for trial.
Id In so doing, the adverse party may /46998.txt rest on mere allegations, denials, or unsupported assertions, but must, through affidavits or otherwise, provide evidence of a genuine dispute.
Anderson, U. In other words, the non-moving party must show "more than Matsushita Elec. Zenith Radio Corp. See e. Dobson v. Central Carolina Bank and Trust Co. Ocean Mecca Motel, Inc. In the present case there is some evidence of direct discrimination, namely District Manager McCray's alleged statements made in reference to Ms.
Bost wherein he asks Store Manager Von Cannon, "[a]re we paying for that? Therefore, the Court will proceed under the more traditional burden-shifting proof scheme of McDonnell Douglas Corp. Green, U. Nat'l Ass'n of Bus. Radio, Inc. Under the McDonnell Douglas proof scheme, a plaintiff must first establish a prima facie case of discrimination by a preponderance of the evidence. Murrell, F. Hicks, U. The burden of production then shifts to the defendant to articulate a legitimate, non-discriminatory reason for its actions.
If the defendant makes such a showing, the burden dollar general sop manual shifts to the plaintiff to present evidence to prove that the defendant's articulated reason was pretext for unlawful discrimination.
In making this final determination, a court may "consider the evidence establishing the plaintiffs prima facie case and inferences properly drawn therefrom Sanderson Plumbing Prods. A court may also "infer the ultimate fact of discrimination from the falsity of the employer's explanation.
Finally, although the evidentiary burdens shift back and forth under the McDonnell Douglas framework, "[t]he ultimate burden of persuading the trier of fact that the defendant на этой странице discriminated against the plaintiff remains at all times with the plaintiff.
Affairs v. Burdine, U. The ADA prohibits a covered employer from discriminating "against a qualified individual with a disability because of the autodesk autocad 2018 units free download of such individual Therefore, to establish a prima facie case of discriminatory firing, "a plaintiff must prove: 1 he has a disability; 2 he is a qualified individual; and 3 in discharging] him, his employer discriminate[d] dollar general sop manual [him] because of [his] disability.
Kinney Shoe Corp. As mentioned, both sides have moved for summary judgment as to dollar general sop manual issue of whether Ms. Bost was a "qualified individual with a disability. Since they argue opposite sides of the same issue, the Court will address both sides' Motions for Summary Judgment contemporaneously. In order to prove Ms. Bost was a "qualified individual with a disability," Plaintiff must prove that Ms.
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