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Summary of Legal Decisions: Court Dismisses Title VII Claims

Summer 1995

Erickson v. City of Menasha, Civ. Action No. 94-C-0320

On July 27, 1995, John W. Reynolds, United States District Judge for the Eastern District of Wisconsin granted the City of Menasha's Motions for Partial Summary Judgment thereby dismissing a past employee's Title VII claims for disparate treatment, retaliation, and hostile work environment. In addition, the Court dismissed 1983 claims regarding equal protection and First Amendment allegations. The past employee had filed multiple actions in multiple forums following her employment termination.

In dismissing these claims, the Federal Court acknowledged the City's prior success in defending similar allegations in prior forums such as claims for unreasonable refusal to rehire under Worker's Compensation. The Court recognized that the past employee was not physically able to perform the job and "employers are not obligated to retain workers who cannot perform their jobs due to workplace injuries.


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