Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Shirley E. Walker v. Centocor Ortho Biotech

February 25, 2013

SHIRLEY E. WALKER,
PLAINTIFF,
v.
CENTOCOR ORTHO BIOTECH, INC.,: DEFENDANT.



The opinion of the court was delivered by: Stengel, J.

MEMORANDUM

Shirley Walker filed this action under 42 U.S.C. § 1981*fn1 against her employer, Centocor Ortho Biotech, Inc. (Centocor).*fn2 She asserts claims for discrimination, retaliation, and hostile work environment. Centocor moved for summary judgment on all claims. For the following reasons, I will grant Centocor's motion.

I. BACKGROUND*fn3

Centocor employed Walker, who is African American, as a senior district manager in its central region. Doc. No. 17-1 ¶ 1. Walker reported to David Gelfuso, regional business director, from April 2008 to the end of her active employment in September 2010. Id. ¶ 2.

In December 2008, Walker filed an internal complaint, which she supplemented in February 2009, concerning Gelfuso's treatment of her and another African-American employee, Glenn Watson. Id. ¶ 8. Centocor maintains polices that prohibit race discrimination in the workplace and makes available to employees various avenues of complaint. Id. ¶ 7.

A. Pertinent Allegations in Walker's Internal and Judicial Complaints

1. Allegation Concerning Walker's Accounts

Walker complained that accounts were "being moved in and out of [her] area" during the first quarter of 2009 and that she didn't know who was responsible for this "activity." Id. ¶ 39. She acknowledged that as of February 2009, Centocor's sales operations department corrected the problem and adjusted her sales ranking from #8 to #3. Id. ¶ 40.*fn4

2. Allegation Concerning Train Travel

Walker complained that Gelfuso instructed her in September 2009 to stop traveling by train and to instead travel by car. Id. ¶ 57. Walker testified that she could not say Gelfuso treated her any differently in this regard than others who reported to him. Id. ¶ 59.

3. Allegation Concerning Gelfuso's Lack of Support in Walker's Management of Others

Walker complained that "Gelfuso defended . . . and refused to discipline or refused to investigate [her] allegations" regarding three of her direct reports-Bruce Johnson, Jesse Maroy, and Jimmy Johnson. Id. ¶ 60. All three are African American. Id. ¶ 61.

i. Bruce Johnson

Following a field ride on June 8, 2010, Walker filed an internal compliant against B. Johnson, alleging he "utilized intimidating tactics, verbal insults, [and] at times he would not respond at all or was disrespectful when he responded." Id. ΒΆ 4. Walker testified that although she wanted Gelfuso to credit her allegations against B. Johnson, it ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.