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Berube v. Great Atlantic & Pacific Tea Co.

Citation: 348 F. App'x 684Docket: No. 08-1229-cv

Court: Court of Appeals for the Second Circuit; October 15, 2009; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal by a former liquor store manager against the Great Atlantic & Pacific Tea Company (A.P.) following a summary judgment by the U.S. District Court for the District of Connecticut. The plaintiff alleged age discrimination under the Age Discrimination in Employment Act (ADEA) and violations of the Employment Retirement Income Security Act (ERISA). The district court had granted summary judgment in favor of A.P. on the ERISA claim, concluding that the plaintiff failed to demonstrate that the employer intended to interfere with his benefits. However, the court reversed the summary judgment on the age discrimination claim, finding that the plaintiff had presented sufficient evidence of disparate treatment compared to younger employees. The case was remanded for further proceedings under the McDonnell Douglas framework, focusing on whether the employer's stated reasons for termination were pretextual. The plaintiff did not challenge the summary judgment on the ADA claim, which was therefore upheld, and the court's decision does not preclude future claims under the Connecticut Fair Employment Practices Act (CFEPA). The dispute over the reason for the plaintiff's transfer adds complexity to the case, as it involves conflicting accounts regarding the timing and motivation behind the audit that led to his termination.

Legal Issues Addressed

Age Discrimination under the Age Discrimination in Employment Act (ADEA)

Application: Berube claimed age discrimination, asserting that he was terminated without receiving the promised progressive discipline, unlike younger employees who committed similar offenses.

Reasoning: To establish a prima facie case of age discrimination, Berube must demonstrate he is in a protected class, qualified for his position, suffered an adverse employment action, and that this action occurred in circumstances suggesting discrimination.

Collateral Estoppel and ADA Claims

Application: The district court's decision on the ADA claim does not have collateral estoppel effects on future CFEPA claims, as Berube did not contest this judgment.

Reasoning: The district court's remarks on the ADA claim will not have collateral estoppel effects on any future claims under the Connecticut Fair Employment Practices Act (CFEPA).

Comparison of Similarly Situated Employees in Discrimination Cases

Application: Berube identified younger comparators who were treated less severely for similar infractions, supporting his claim of discriminatory intent.

Reasoning: The plaintiff, Berube, has presented sufficient evidence of discriminatory intent by showing that younger employees, who were similarly situated, received progressive discipline for comparable offenses while he did not.

Discrimination under Employment Retirement Income Security Act (ERISA) Section 510

Application: Berube failed to establish that A.P. had the specific intent to interfere with his benefits, as required under ERISA Section 510, resulting in the affirmation of summary judgment against him on this claim.

Reasoning: To establish a claim under Section 510, a plaintiff must prove that the employer had a specific intent to interfere with benefits.

Prima Facie Case of Discrimination

Application: The burden of proof shifted to A.P. to provide a legitimate reason for Berube's termination, which Berube had to show was pretextual by providing evidence of disparate treatment compared to younger employees.

Reasoning: The burden then shifts to A.P. to provide a legitimate reason for the termination, after which Berube must show that this reason is pretextual.