Case details

Tech company claimed it fired worker for false posting online

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In January 2015, claimant Adrian Duane, a transgender, product analyst in his 30s, was terminated from his position at IXL Learning Inc., a technology company. Duane claimed he was fired because he complained online about the company’s treatment of minority and disabled employees. The U.S. Equal Employment Opportunity Commission, acting on behalf of Duane, who appeared as an intervening party, sued IXL Learning Inc. The EEOC alleged that IXL’s actions constituted retaliation in violation of the Americans with Disabilities Act and Title VII, as a result of the online posting, for which Duane was fired. Duane went out on disability leave from November 2014 to December 2014 for his gender confirmation surgery. He claimed that when he asked to be allowed to work from home part-time while recovering from the surgery, IXL gave him restrictions. However, Duane claimed when he learned that other employees were not given the same restrictions, he posted an anonymous message on Glassdoor.com, a job-evaluation website, in December 2014. He alleged that one week after the posting the message, he met with his supervisor and disclosed that he had encountered discrimination in the workplace. The supervisor then brought the discrimination complaint to the chief executive officer, at Duane’s request, and a meeting was scheduled for two days later. However, the following day, the CEO learned that Duane had made the post and met with Duane the next day, as scheduled. The CEO first discussed the discrimination complaint and then the discussion turned toward the online post, which Duane admitted writing. At that point, Duane was informed of his termination. Duane claimed that IXL encouraged its employees to post reviews on the website, but that IXL retaliated against him for doing so. Defense counsel contended that Duane was accommodated for every request, including his requests for time off, to work remotely and for reduced hours. Counsel also contended that IXL had fully accommodated Duane’s post-surgery, remote work arrangement, as Duane requested, but that Duane was fired for what IXL characterized as a false and malicious posting about the company, its products, its managers, its recruiting practices and the CEO. Thus, defense counsel argued that Duane’s termination was unrelated to his discrimination complaints., Duane, who was hired by IXL in July 2013, sought recovery of lost wages and benefits, out of pocket expenses, and damages for his emotional distress. The EEOC also sought recovery of punitive damages, on behalf of Duane.
COURT
United States District Court, Northern District, San Francisco, CA

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