[Filing No. The role provides a check on the documentation and records created during the manufacturing and/or packaging of clinical trial materials, ensuring that all records are completely accurate in the event of an audit by Eli Lilly & Co. or a regulatory agency," and "requires a close attention to detail." ], Mr. Abebe initiated this lawsuit on February 11, 2015, [Filing No. [Filing No. [See Filing No. [Filing No. [Filing No. As for race and national origin discrimination, Mr. Abebe argues that he was more qualified than Mr. Lozito, that Thermo Fisher "concealed information from [Mr.] Lozito," and that Thermo Fisher should have contacted him when Mr. Lozito later quit to offer him the position. Thermo Fisher to Produce Millions of COVID-19 Tests "The authorization of our diagnostic test for COVID-19 will help to protect patients and enable medical staff to respond swiftly to treat those who are ill and prevent the spread of infection. [Filing No. Third Quarter 2020 Highlights Third quarter revenue increased 36% to $8.52 billion. Fed. ], In early 2015, it became clear to Thermo Fisher that transitioning the NDPTS group back to Lilly was taking longer than expected, and that the positions would not be transitioned by March 31, 2015 as originally planned. [Filing No. ], Also in December 2013, Thermo Fisher sought a Quality Assurance Representative and Mr. Abebe applied for the position. . [Filing No. § 2000e-3(a). ], Mr. Spindler selected Mindy Fultz for the Quality Assurance Representative position. . These safety cabinets deliver exce § 2000e Job Discrimination (Employment) 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. 100], to the extent that it strikes the portions of Mr. Abebe's surreply that do not relate to the Second Declaration of Virginia Campbell, but DENIES IN PART the Motion to Strike to the extent that it declines to strike the portions of the surreply that relate to the Second Declaration of Virginia Campbell. Accordingly, his gender discrimination claim fails. Thermo Fisher moved to strike the surreply, arguing that the surreply was untimely, and that if it is permitted it should be limited to addressing the only new evidence Thermo Fisher submitted with its reply brief — the Second Declaration of Virginia Campbell. 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. R. Civ. The EEOC issued a dismissal and Right to Sue Letter in February 2016. 93-4 at 2.] [See Filing No. 79-7 at 2.] Career benefits. 79-7 at 4; Filing No. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). 79-2 at 2-3. 2001) ("[plaintiff's] subjective belief that she was better qualified than [the candidate defendant selected] does not, without more, demonstrate pretext"). Thermo Fisher is entitled to summary judgment on Mr. Abebe's discrimination and retaliation claims related to the Team Leader, Operations Support position. 79-2 at 3.] 79-2 at 5. § 2000e-2, and the ADEA, 29 U.S.C. See Dandy v. United Parcel Service, Inc., 388 F.3d 263, 270 (7th Cir. Our Mission is to enable our customers to make the world healthier, cleaner and safer. 79-2 at 3. HAILE ABEBE, Plaintiff, To establish a prima facie case of discrimination for failure to promote, a plaintiff must show that: "(1) [he] was a member of a protected class; (2) [he] was qualified for the position sought; (3) [he] was rejected for the position; and (4) the employer promoted someone outside of the protected group who was not better qualified for the position that [he] sought." [Filing No. [Filing No. 79-2 at 4.] Use our tool to get a personalized report on your market worth. Mr. Abebe only cites to his own testimony to support his argument, and a chart he prepared comparing his "education and experience" with the "data for applicant selected." [Filing No. . 79-2 at 17.] 79-8 at 8 (Mr. Spindler's interview notes stating "[]l]ack of quality experience coupled with many errors/issues with resume do not indicate attention to detail"); Filing No. [Filing No. Thermo Fisher Scientific, Inc. offers defined contribution pension plans. [Filing No. Sweatt v. Union Pacific R. Co., 796 F.3d 701, 709 (7th Cir. See Fed. Fisher stockholders will receive two shares of Thermo common stock for each share they hold, representing a value of $78.90, roughly the price Fisher stock has been trading at in the last few weeks leading up to the merger. As to the scope of the surreply, Local Rule 56-1(d) permits the filing of a surreply "only if the movant cites new evidence in the reply or objects to the admissibility of the evidence cited in the response." 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. [Filing No. 57 at 4.] 96 at 20.] He also argues that Thermo Fisher was retaliating against him for his internal complaints and his EEOC Charges and that, in connection with some positions, Thermo Fisher set him up to fail. & Michael W. Padgett , JACKSON LEWIS P.C.. 2016). In contrast, Adam Craig — who Mr. King ultimately selected for the position — was interested in, and excited about, the position in his interview. . 79-5 at 2.] In March 2010, Lilly outsourced certain services related to clinical drug trials to Defendant Thermo Fisher Scientific, Inc. ("Thermo Fisher"). Understand what's truly driving the gender pay gap. 93-10 at 6-15.] In March 2012, after the incident, Mr. Abebe requested a medical leave of absence. Two then-current Quality Assurance Representatives conducted the first round of interviews, and then Mr. Spindler conducted a second round of interviews with all three candidates, including Mr. Abebe. 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. . 79-2 at 4.] In deciding a motion for summary judgment, the Court need only consider disputed facts that are material to the decision. 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. The ADEA makes it unlawful for an employer to take an adverse employment action against an individual "because of such individual's age." 57 at 5-7; see also Filing No. The Quality Assurance Representative position involved "carefully reviewing manufacturing and packaging production records to ensure that the records are accurate and error-free. 1.] ], In March 2010, Lilly outsourced its clinical trial drug manufacturing and packaging, known as New Drug Product Trial Support ("NDPTS"), to Thermo Fisher, which had provided those services on-site at Lilly. he complained about discrimination." . because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." [Filing No. 79-1 at 2.] . [Filing No. Failure to properly support a fact in opposition to a movant's factual assertion can result in the movant's fact being considered undisputed, and potentially in the grant of summary judgment. Mr. Craig had technical and supply chain experience, and Mr. Abebe did not. 2010) (employer's subjective belief that selected candidate was more qualified or appropriate for position "is sufficient to allow a fact-finder to conclude that . [Filing No. Thermo Fisher argues in connection with each position for which Mr. Abebe applied that it ultimately selected someone who was more qualified, was more interested in the position, and who performed better in the interview. Three of those options had various incentives and benefits in exchange for the release. 79-2 at 2-3. 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