Undisputed Facts in the Record Do Not Support Employee’s Depiction of Racial Discrimination and Retaliation

• Thursday, October 9, 2014
• Category: Employment Law

In the employment law, racial discrimination/retaliation litigation case of Didier v. Dow Jones Co., Inc., (U.S. Dist. Ct. 25-7-5251), the Honorable Freda L. Wolfson granted the employer’s motion to dismiss for failure to state a claim. The facts of the case are as follows: Plaintiff alleges defendant engaged in race discrimination when it terminated her employment in contravention of the NJLAD and 42 U.S.C. 1981. Plaintiff, an African American, worked as a data integrity analyst at The Wall Street Journal. She performed her job satisfactorily for a number of years, but after corporate reorganization that shifted the department’s work hours and business responsibilities, her job performance faltered. Plaintiff complained to her supervisor that she was being treated unfairly because of her skin color. After making a series of grievous mistakes, she was fired. No employee was hired to replace her. The court notes that the undisputed facts in the record do not support plaintiff’s depiction of racial discrimination nor does it demonstrate that defendant acted with discriminatory or retaliatory animus toward plaintiff. Plaintiff’s argument is based on her subjective belief, uncorroborated by any evidence. Finding that defendant had a legitimate business interest in terminating plaintiff, the district court granted defendant’s motion to dismiss for failure to state a claim.

Reference: Case & Analysis, New Jersey Law Journal, 217 N.J.L.J.959 (September 22, 2014)

Filed Under: Employment Law, Racial Discrimination; Retaliation

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