Employee’s Utter Lack of Evidence Leads to Dismissal of All Claims
2 min read
Jan 9, 2013
MSJs certainly aren't granted as much as they used to be, particularly in the employment context. In this case, however, the employee's failure to produce more than a scintilla of evidence in support of her claims led to a successful MSJ for the individual and entity employer defendants.
A former purchasing officer had hypertension, mental illness, spinal arthritis, and osteoarthritis. She sought an adjusted work schedule, an office to accommodate her wheelchair, a closer parking space, and the ability to wear sneakers. She claims she was denied these accommodations, was referred to as a “cripple” and “hopalong,” received a five percent salary reduction and was later terminated from her position. She claims that her salary reduction and termination were the result of taking leave, requesting accommodations, and filing a charge with the Equal Employment Opportunity Commission. She further contended that she was deprived of three days of FMLA leave. She filed suit against her employer and various individual defendants.
The defendants argued that the employee lacked the necessary evidence to meet her burden of establishing discrimination, failure to accommodate, or retaliation. The defendants also argued that the individual claims were barred by Eleventh Amendment immunity, and that her claims for reinstatement and/or front pay were barred because she applied for Social Security Disability, attesting that she was totally disabled and thus, unable to work. The district court granted summary judgment in favor of the defendants and the employee appealed.
The First Circuit Court of Appeals affirmed. The Court found that the employee simply failed to present sufficient evidence to meet her burden of demonstrating that her leave was reduced, that she was denied an accommodation, or that the reasons for the salary reduction and/or termination were merely pretexts for retaliation or discrimination. The employee lacked evidence to establish that her physical or mental conditions were severe, long-term or permanent, or that her difficulties walking, sitting, standing, or concentrating were any more difficult than similar afflictions suffered by most adults. Thus, the Court concluded that she could not prove she was disabled. Ultimately, the Court concluded over and over again that a mere "scintilla of evidence" was insufficient for the employee to meet her burden under the summary judgment burden-shifting scheme. Since that's all this employee had to offer, her claims failed.
Defending discrimination suits is always a fact-specific endeavor, and varies state-by-state. In this case, the employer, fortunately, prevailed due to the employee’s failure to produce sufficient evidence. Having the right policies in place and documenting key events can go a long way toward preventing and defending against such claims.
For more information read Gilliard v. Georgia Dept. of Corrections, No. 12-11751 (11th Cir., December 7, 2012).
Topics
Featured Insights

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

