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07-1135 - PHILLIPS v. NIGHTINGALE HOME HEALTHCARE, INC.


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07-1135 - PHILLIPS v. NIGHTINGALE HOME HEALTHCARE, INC.
December 19, 2008
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ORDER ON MOTION FOR SUMMARY JUDGMENT. Defendant's motion for summary judgment is denied on plaintiff's claims of sex and age discrimination and the state law claim for wages, and granted on the Fair Labor Standards Act claim. Plaintiff's testimony about Dr. Brer's statements to her would allow, though not require, a reasonable jury to conclude that defendant's actions were motivated by sex and/or age. Defendant's attempt to explain away the comments as benign or as "stray remarks" might present a jury question, but at the summary judgment stage, plaintiff is entitled to the benefit of any reasonable inferences in her favor. Plaintiff concedes that defendant is entitled to judgment on the Fair Labor Standards Act claim. Signed by Judge David Frank Hamilton on 12/19/2008. (LBK)