Ennin v. CNH Industrial America, LLC

Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in action alleging that defendant terminated plaintiff on account on his race, disability and national origin, as well as his decision to take FMLA leave. Plaintiff failed to present competent evidence to dispute defendant’s claim that termination decision came prior to its knowledge of plaintiff’s disability or his decision to take FMLA leave. Ct. further noted that plaintiff had waived issue regarding competency of his proffered evidence, where said issue was first raised by defendant in its reply brief on summary judgment motion, and where plaintiff had failed to file sur-reply, which was expressly allowed as matter of right by local Dist. Ct. rule. Also, plaintiff failed to present evidence to dispute defendant’s claim that workplace misconduct was reason for plaintiff’s termination, and plaintiff failed to produce evidence that similarly-situated supervisors who committed similar infraction received more favorable treatment.