[Filing No. He argues that he alleged § 1981 claims related to those positions in his Complaint and, thus, complied with § 1981's four-year limitations period. Mr. Abebe argues that the fact that Thermo Fisher did not fill the position "is even more evidence of discrimination and retaliation, because Abebe was very qualified for the position, and [Thermo Fisher] did not place him in the position, and instead, never filled it." He rejected a severance package from Thermo Fisher that required signing a release, and initiated this lawsuit in February 2015, asserting claims for violations of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act ("ADEA "), and 42 U.S.C. . [Filing No. [Filing No. The ADEA makes it unlawful for an employer to take an adverse employment action against an individual "because of such individual's age." Mr. King did not think that Mr. Abebe had comparable experience. [Filing No. The company says the decision to close the Dubuque plant is based on a review of current and project customer needs and the capacity of existing Thermo Fisher plants. Click the citation to see the full text of the cited case. 96 at 31.] His gender discrimination claim related to this position fails since Thermo Fisher ultimately selected a male, and his age discrimination claims fail as well since Mr. Lozito was only four years younger than Mr. Abebe when he was selected. Thermo's share price on January 14, 2008 = $ 55.96 Thermo's share price on January 14, 2011 = $ 56.68 Three full years of all this corporate change and brilliance, and it's only reflected with less than one dollar rise in the shares !!! [Filing No. 57 at 2-3.] [Filing No. Applicable Law: 42 U.S.C. 79-2 at 3.] [Filing No. [Filing No. Nelson v. Miller, 570 F.3d 868, 875 (7th Cir. Also in March 2014, Mr. Abebe's salary increased to $97,162. Specifically, Mr. Abebe stated that the alleged discrimination took place from September 29, 2011 to March 12, 2012, and summarized his claim as follows: The EEOC dismissed Mr. Abebe's charge, and issued a Notice of Right to Sue ("Right to Sue Letter") on December 6, 2012. 93-4 at 40], wherein he states that a "fellow NDP Trial Support Associate" was offered a bonus that "must have been pretty close to whatever his salary was").] 79-1 at 3.] He alleges that Thermo Fisher denied him a retention bonus, severance pay, and the extension of his employment past July 2015. 96 at 30.] [Filing No. From the intuitive controls, to the innovative Thermo Scientific ClickSeal™ biocontainment lid, the Sorvall Legend Micro 21 microcentrifuge delivers the perfect blend of capabilities to support your micro-volume protocols such as nucleic acid or protein lysate preparation and PCR reaction set-up—all in a remarkably small footprint. An employer's changed reasoning or failure to proffer an explanation when given an opportunity to do so can be evidence of pretext. The Seventh Circuit recently instructed that, under the direct method, courts should consider "whether the evidence would permit a reasonable factfinder to conclude that the plaintiff's race, ethnicity, sex, religion, or other proscribed factor caused the discharge or other adverse employment action. 100 at 2-3. Fed. [Filing No. [Filing No. Thermo Fisher Scientific 5 Jahre HR Business Partner, European Clinical Services Thermo Fisher Scientific ... and negotiating severance packages. . [Filing No. 79-2 at 22. [Filing No. For each position, however, Thermo Fisher has presented evidence showing that it selected the other applicant for non-discriminatory reasons — that the individual(s) making the hiring decisions believed the other applicant to be more qualified than Mr. Abebe for the particular position, that the other applicant performed better than Mr. Abebe in the interview, and that unlike Mr. Abebe the other applicant expressed a genuine interest for the position.12 Further, Mr. Abebe has not demonstrated that Thermo Fisher treated him any differently than the other NDPTS group employees regarding the initial retention bonus, the elimination of his position, and the requirement that he sign a severance agreement releasing claims against Thermo Fisher in order to receive an additional retention bonus, severance benefits, and a short extension of his position elimination. [Filing No. [Filing No. Thermo Fisher offered Mr. Turner a salary of $88,600 in connection with the Client Services Manager position — less than Mr. Abebe's $95,257 salary. 2010). Pretext is defined as "a dishonest explanation, a lie rather than an oddity or an error." ], In late 2013, Lilly notified Thermo Fisher that it had decided to re-absorb some of the functions it had outsourced to Thermo Fisher, including all functions performed by the NDPTS group. Mr. Abebe did not file a lawsuit relating to the three positions that were the subject of his April 2012 EEOC Charge within the 90-day deadline provided in the December 6, 2012 Right to Sue Letter. [Filing No. Subsequently, Thermo Fisher hired Mr. Abebe, along with several other Lilly employees. [Filing No. because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." Thermo Fisher concludes that Mr. Abebe "is left to argue only that his Complaint is sufficiently broad to include Section 1981 claims relating to the 2011 and 2012 decisions." O'Leary v. Accretive Health, Inc., 657 F.3d 625, 630 (7th Cir. [Filing No. . Description. 79-8 at 2; Filing No. The Court need only consider the cited materials, Fed. Thermo Fisher Scientific, Inc. provides health, vision, and dental plans. Specifically, Mr. Abebe claims that Thermo Fisher discriminated against him on the basis of his gender, age, race, and national origin, … Thermo Fisher ultimately selected Mishel Dyas for the Client Services Manager position. 1.] [Filing No. Mr. Abebe's discrimination and retaliation claims related to Thermo Fisher's requirement that he sign a severance agreement to receive an additional retention bonus, severance benefits, and a short extension of his position elimination fail because all NDPTS group employees were required to sign the same agreement, and Mr. Abebe has not presented any evidence indicating that Thermo Fisher required him to sign the agreement for discriminatory or retaliatory reasons. As to timeliness, the Court notes that Thermo Fisher filed its reply brief on November 28, 2016, when the old version of Rule 6(d) was in effect. See Sweatt, 796 F.3d at 709.10 Simply stating that not filling the position is "more evidence" of discrimination is not enough to overcome summary judgment on either Mr. Abebe's discrimination or retaliation claims relating to the Associate Clinical Supply Chain Manager position. Thermo Fisher also argues that any claims related to Mr. Abebe's September 2011 applications for the NDPTS Team Leader and Client Services Manager positions and his January 2012 application for the Clinical Supply Chain Manager position are time-barred because he received a Right to Sue letter relating to these positions in December 2012, but Mr. Abebe did not file this lawsuit until February 2015 — more than two years later, and after the 90-day limitations period had expired. 79-2 at 2.] [Filing No. Harper v. Vigilant Ins. Thermo Fisher argues that these § 1981 claims are barred as well, though, because they were not asserted in the initial complaint as to the 2011 and 2012 positions. 2014). Specifically, Mr. Abebe claims that Thermo Fisher discriminated against him on the basis of his gender, age, race, and national origin, and that it retaliated against him for complaining about the discrimination. 2008). remarkable tuition reimbursement programs are available for employees who want to get a work-related degree or a … 79-8 at 1-2.] The only evidence Mr. Abebe cites that could show what happened to other NDPTS employees after their positions with Thermo Fisher were eliminated is a spreadsheet which Mr. Abebe has made no effort to explain. 79-2 at 4.] 79-7 at 2.] Indiana, Indianapolis Division.https://leagle.com/images/logo.png, Editors Note 79-2 at 1-2.] [Filing No. There are several coaching and mentoring programs, as well as onboarding program for new employees to help them fit in the THERMO FISHER SCIENTIFIC. 96 at 19-21 (Mr. Abebe only arguing that § 1981 claim is not time-barred, and noting that the 2011 and 2012 "non-selections" are "background evidence for the Title VII claim").] [Filing No. Mr. Abebe and seven other candidates were interviewed for the position in January 2015. HAILE ABEBE, Plaintiff, represented by Richard L. Darst , COHEN GARELICK & GLAZIER. [Filing No. Michael McNear, then General Manager of Thermo Fisher's Indianapolis facility, made the decision to hire Mr. Abebe. Thermo Fisher Scientific, Inc. also offers death benefits, which cover certain causes of death, group life insurance, short-term disability insurance for accidents or illness, and long-term disability insurance. Mr. Abebe completed an application for employment at Thermo Fisher, stating that he was seeking a manager position. 57]. § 2000e-2, and the ADEA, 29 U.S.C. At the outset, the Court finds it necessary to address the scope of Mr. Abebe's claims because the parties' briefs exhibit a disconnect regarding this issue. Mr. Spindler was the Hiring Manager for the position, and noticed that Mr. Abebe's resume contained several grammatical and typographical errors, which he felt indicated a lack of attention to detail. [Filing No. See O'Regan, 246 F.3d at 984 ("our only concern is the honesty of the employer's explanation. 2012). He argues that Thermo Fisher required him to sign the severance agreement — which included a release of claims — as retaliation for filing this lawsuit. Ortiz v. Werner Enterprises, Inc., 834 F.3d 760, 765 (7th Cir. 2016). A large number of American employers, like Thermo Fisher Scientific, Inc., finance group health benefits, through which businesses typically cover a significant portion of their workers' health insurance premiums. [Filing No. Mr. Abebe began working in his new position at Thermo Fisher in July 2010. 79-2 at 2.] ], Mr. King conducted the interviews, along with Cindy Calvert, Team Leader for Clinical Packaging. 79-2 at 2.] This timing, without more, is not enough to survive summary judgment. [Filing No. [Filing No. [Filing No. § 2000e-3(a). Mr. Abebe argues that he was treated differently than other employees because the retention bonus was only about sixty percent of his salary, while "NDPTS Associate Pete Hollingsworth told Abebe that Hollingsworth would be receiving a year's salary as a bonus. ], On reply, Thermo Fisher argues that Mr. Abebe "has never made any effort to include his July 2010 hire, September 2011 applications for the NDPTS Team Leader and Client Services Manager positions, or his January 2012 application for the Clinical Supply Chain Manager position in his lawsuit. Ms. Fultz has held leadership positions at Thermo Fisher, including Team Leader, Drug Supply Coordination, and Team Leader, Operations Support positions, and had a wide variety of experience which Mr. Spindler felt made her wellrounded and a good fit for the position. See Isbell v. Allstate Ins. 79-2 at 2-3. [Filing No. 2000) ("Discrimination laws serve only to prevent consideration of forbidden characteristics — like race — but they are not, we have repeatedly noted, court-enforced merit selection programs"); Johnson v. Nordstrom, Inc., 260 F.3d 727, 733 (7th Cir. This decision impacted twenty-five Thermo Fisher employees, including Mr. Abebe and the nine other members of Thermo Fisher's NDPTS group. [See Filing No. See Johnson, 260 F.3d at 733 ("it is not our place to evaluate the wisdom of an employer's business decisions . 79-2 at 2; Filing No. Stay up to date on the latest compensation trends. who were similarly situated. Fed. 79-5 at 2.] . 79-2 at 2-3. An employment discrimination lawsuit brought under Title VII or the ADEA must be filed in a district court within 90 days after the receipt of a right to sue notice from the EEOC. [Filing No. [Filing No. 79-4 at 2. As a result, Thermo Fisher decided to eliminate all of the positions that Lilly would no longer be outsourcing. A plaintiff can prove Title VII, ADEA, or retaliation claims under either the direct or indirect method of proof. [Filing No. The same offer was presented to all members of the NDPTS group, and they were also required to execute a separation agreement and release in order to receive the enhanced benefits. [Filing No. 79-2 at 2; Filing No. 57 at 3.] Cause: 42 U.S.C. 79-8 at 4-7. On the other hand, in his brief Mr. Abebe addresses his initial hiring at Thermo Fisher, along with every position for which he applied going forward. began during his complaints before any resolution of his complaints was proposed by [Thermo Fisher] and continued on through retaliatory personnel documents damaging his career advancement." Additionally, notes from Mr. Abebe's interview indicate that he did not understand the position, had not sought out the information before the interview, did not provide clear answers to their questions, and stated that the position was not his first choice. 79-5 at 1.] 93-9. 79-2 at 2; Filing No. The adjusted number excludes certain non-recurring expenses, QIAGEN acquisitioncosts and certain restructuring costs, net, consisting principally of severance, abandoned facility and other expenses of headcount … Mr. Abebe does not appear to dispute that he did not file his lawsuit within 90 days of receiving the December 2012 Right to Sue Letter — which addressed his April 2012 EEOC Charge. R. Civ. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). . [Filing No. Further, even if Mr. Abebe had presented evidence supporting a prima facie case, Thermo Fisher has presented evidence demonstrating that it had a non-discriminatory reason for hiring Mr. Turner — it believed him to be more qualified and a better fit for the position. [Filing No. Fed. ], In October 2011, Mr. Abebe contacted Virginia Campbell, Human Resources Generalist at, Thermo Fisher, to express his concerns regarding the hiring process for the Client Services Manager and NDPTS Team Leader positions, and to suggest that he was not selected for either position for discriminatory reasons. The primary duty of the Quality Assurance Representative was to carefully review manufacturing and packaging production records to ensure that the records are accurate and error-free. 98 at 7.]. 79-1 at 2.] If Thermo Fisher had not required Mr. Abebe to sign the severance agreement, it would have been treating him more favorably than the other NDPTS group employees. Accordingly, any § 1981 claims related to his initial hiring at Thermo Fisher are time-barred because they were not filed within four years of his initial hire (in April 2010). 2009). 79-2 at 4; Filing No. Mr. Abebe simply has not presented any evidence that Thermo Fisher acted in a discriminatory manner when it selected Mr. Turner for the Client Services Manager position instead of him. In other words, while there may be facts that are in dispute, summary judgment is appropriate if those facts are not outcome determinative. Mr. Spindler also had had positive interactions with Ms. Fultz before, and was impressed with her work performance. Thermo Fisher Scientific, Inc. offers many options for pension and welfare benefits to promote employee well-being. The Quality Assurance Representative position involved "carefully reviewing manufacturing and packaging production records to ensure that the records are accurate and error-free. Poullard, 829 F.3d at 856. ], Later in December 2013, Thermo Fisher sought a Team Leader, Operations Support, and Mr. Abebe applied. A disputed fact is material if it might affect the outcome of the suit under the governing law. [Filing No. ], On reply, Thermo Fisher argues that it did not object to Mr. Abebe's evidence in its reply brief, but merely argued that his evidence was not sufficient to overcome summary judgment. HAILE ABEBE, Plaintiff, Thermo Fisher selected Thomas Turner for the position. Zaccagnini v. Charles Levy Circulating Co., 338 F.3d 672, 675-76 (7th Cir. He has a Bachelor's Degree in Agriculture, a Master's Degree in Soil Microbial Ecology, a Master's Degree in Microbiology, and has completed course work toward a PhD in Microbiology. Two issues are at play here — first, whether Mr. Abebe alleged claims relating to all of those positions in his Complaint and second, whether some of those claims are time-barred in any event. [Filing No. The position required a close attention to detail, and was not a supervisory position. 79-3 at 2.] Johnson v. Cambridge Indus., 325 F.3d 892, 901 (7th Cir. Mr. Abebe has not presented any evidence to establish a prima facie case of age, race, or national origin discrimination and, even if he had, Thermo Fisher's reason for hiring Mr. Craig — that it believed he was more qualified — is supported by the evidence. Mr. King found Mr. Abebe to not be very interested in the position. [Filing No. ], In the Complaint, Mr. Abebe mentions his first EEOC Charge, and applying for the Client Services Manager position in 2013, being offered a retention bonus in December 2013 when Thermo Fisher informed him his position would be eliminated, and that Thermo Fisher "hired younger white American-born employees for other positions, but . [Filing No. In July 2014, Mr. Abebe filed a second EEOC Charge alleging discrimination that took place in February 2014. § 626(e). Accordingly, his gender discrimination claim fails. [See Filing No. 79-1 at 4-12; Filing No. Ultimately, she did not find any evidence to substantiate Mr. Abebe's complaints or to suggest that he was not selected for the positions due to discriminatory reasons. Sweatt v. Union Pacific R. Co., 796 F.3d 701, 709 (7th Cir. See Stockwell v. City of Harvey, 597 F.3d 895, 903 (7th Cir. . 79-2 at 2-4. Fourth quarter GAAP diluted earnings per share (EPS) increased 12% to $2.49. [Filing No. Thermo Fisher was well within its rights to require the NDPTS group employees, including Mr. Abebe, to sign a severance agreement. [Filing No. She has an undergraduate degree in business administration, was enthusiastic about the position during her interview, and her resume was free of grammatical and typographical errors. 93-10 at 2-5. Thermo Fisher is entitled to summary judgment on Mr. Abebe's discrimination and retaliation claims related to the Team Leader, Operations Support position. P. 56(c)(3), and the Seventh Circuit Court of Appeals has "repeatedly assured the district courts that they are not required to scour every inch of the record for evidence that is potentially relevant to the summary judgment motion before them," Johnson, 325 F.3d at 898. Thermo Fisher Scientific is dedicated to improving the human condition through systems, consumables, and services for researchers. The Thermo Fisher Scientific Inc. Executive Severance Policy (the “Policy”) is designed to provide separation pay and benefits to certain eligible Executives of Thermo Fisher Scientific Inc. (the “Company”) whose employment is involuntarily terminated without cause. See Jones v. R.R. 93-1 (Mr. Abebe's Affidavit) and Filing No. Mr. Lozito is a white male who was fifty-seven years old when he was hired. Thermo Fisher Scientific Inc. (NYSE: TMO), the world leader in serving science, today reported its financial results for the fourth quarter and full year ended December 31, 2019. [Filing No. Thermo Fisher shutting plant in Rhode Island. 93-10 at 1.] Affidavits or declarations must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on matters stated. 79-2 at 4.] 96 at 28.] Thermo Fisher closing RI facility. 98.] § 2000e-5(f); 29 U.S.C. Mr. Abebe's final discrimination and retaliation claims relate to Thermo Fisher's offer of an additional retention bonus, severance benefits, and a short extension of his position elimination provided he sign a severance agreement. 79-2 at 5. But he ignores evidence presented by Thermo Fisher that Ms. Griffith was specifically looking for someone with PPI experience, that Mr. Turner had PPI experience and Mr. Abebe did not,8 and that Mr. Turner performed well during the interview while Mr. Abebe did not. 79-7 at 4; Filing No. In July 2015, Mr. Abebe filed a third EEOC Charge in which he complained of discrimination from 2011 to present and stated in part: [Filing No. Mr. Abebe argues that "[t]hrough a series of actions, [Thermo Fisher] groomed, promoted, transferred, and found positions for all of the NDPTS employees except for Abebe, the only other African-American employee . Though the Waltham, Mass.-based Thermo has nearly half the assets of Fisher, Thermo will be the acquirer. 79-9 at 2.] ], Mr. Spindler selected Mindy Fultz for the Quality Assurance Representative position. ], Mr. Abebe began working for Lilly in 1995 as a Technical Services Representative, and received several promotions within Lilly over the next several years, culminating with his promotion to a Manager of Clinical Trial Support Operations in August 2009. § 1981. England, Inc., 687 F.3d 297, 309 (7th Cir. .'" He argues that because he alleged in the Complaint that he complained about discrimination after he was hired by Thermo Fisher, and alleged that he filed an EEOC Charge on April 5, 2012 for Thermo Fisher's failure to promote him, his allegations "include the discrimination and retaliation that [he] faced when he applied for the NDPTS Team Leader, Client Services Manager, and CSCM positions [in 2011 and 2012]." Third quarter adjusted EPS increased 91% to $5.63. 93-4 at 19. 79-5 at 2.] Severance Pay. [Filing No. 101 at 3. [Filing No. . [Filing No. In sum, Mr. Abebe did not allege Title VII or ADEA claims relating to his initial hiring at Thermo Fisher or his application for the 2011 and 2012 positions and, in any event, those claims are time-barred because he did not file suit within 90 days of receiving his Right to Sue Letter from the EEOC. 79-1 at 2.] 96 at 20-21.] Additionally, § 1981 claims relating to his initial hiring are time-barred. [Filing No. 79-8 at 1-2.] While a Thermo Fisher employee, Mr. Abebe applied for numerous positions within Thermo Fisher, complained internally about discriminatory treatment after not being chosen for the positions, and obtained several right to sue letters from the Equal Employment Opportunity Commission ("EEOC") along the way. [Filing No. Any doubt as to the existence of a genuine issue for trial is resolved against the moving party. 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