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Decision Red Daze [REPACK]

For high school seniors, admissions decisions will be released through an admission portal after they receive an email that decisions have been posted. A record number of students applied through the Early Action program with 977 acceptances, and it is not known the exact number of students that will be accepted in the regular admission cycle. The Class of 2018 has approximately 1600 students. In the past, admitted students have been linked to a separate website with a video of Mark Zuckerberg welcoming them into the college, along with a host of materials about the freshman welcome weekend, Visitas, and visiting the school.

Decision Red Daze

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During his tenure at ASC, Nordman estimates that approximately 80 percent of his work time was devoted to assembling panels and 20 percent of his time dedicated to supervisory tasks. Although ASC did not conduct formal performance reviews, Nordman annually received letters from Gary Kraus praising his work and rewarding him with raises and bonuses. However, Nordman's coworkers in the Iowa facility had voiced concerns to Greg Kraus about Nordman's ability to handle the stress of high work volume and tight deadlines. Specifically, they told Kraus that Nordman would yell and swear at people "if anything deviated from his way of doing things" and was once seen "red in the face" and "walking around in a daze." [Greg Kraus dep. pp. 23-26; Gary Kraus dep. pp. 46-49]. Greg Kraus had a direct encounter with Nordman in which Nordman "blew up" during a discussion about a defective panel and threatened to quit his job. [Greg Kraus dep. pp. 33-34].

In late April 1996, Nordman underwent angioplasty and was out of work for one week. Nordman believes he advised Greg Kraus prior to the surgery that he would be out for several days. However, Greg Kraus testified that he was only aware that Nordman was going to see his cardiologist on Friday, not that an angioplasty had been scheduled for the following week. When Gary Kraus phoned Nordman's home on Tuesday, he learned Nordman was going to be out of work for the entire week. Gary Kraus and Greg Kraus decided that due to Nordman's health problems and the fact that production was behind schedule, Server should permanently assume the scheduling and shop coordination duties. The decision was made without consulting Nordman or his treating physician.

When Nordman returned to work on May 7, 1996, Greg Kraus called Nordman to his office and explained that Nordman would focus on building panels and Server would assume supervisory responsibilities. Gary Kraus testified that this was "absolutely not" a demotion and Nordman suffered no loss of pay or benefits. [Gary Kraus dep. p. 65]. However, Nordman testified that he had originally accepted the position with ASC because of the supervisory component, and he now feared loss of advancement opportunities within a growing company and loss of respect from coworkers. Nordman protested to Greg Kraus and made two phone calls over the course of the next day to Gary Kraus, but both individuals were firm in their decision.

The ADA prohibits employment discrimination by an employer "against a qualified individual with a disability because of the disability of such individual." 42 U.S.C. 12112(a). A plaintiff may establish that his employer violated his rights under the Americans with Disabilities Act under two alternative theories. See Stacks v. Southwestern Bell Yellow Pages, Inc., 996 F.2d 200, 201 (8th Cir. 1993). If he relies on circumstantial evidence, the familiar burden-shifting analysis of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S. Ct. 1817, 36 L. Ed. 2d 668 (1973), applies.[1] However, if the plaintiff can demonstrate that an illegitimate criterion (i.e., erroneous perception of disability) was a motivating factor in the employment *1006 decision, McDonnell Douglas is inapplicable and the defendant may avoid a finding of liability only by proving by a preponderance of the evidence that it would have made the same decision even if the illegitimate criterion was not relied upon in the decision making process. See Price Waterhouse v. Hopkins, 490 U.S. 228, 258, 109 S. Ct. 1775, 104 L. Ed. 2d 268 (1989); Stacks, 996 F.2d at 202; see also Wicks v. Riley Cty. Bd. of Cty. Comm'rs., 2000 WL 1772471 at *5 (D.Kan. Nov.30, 2000) (discussing applicability of the Price Waterhouse analysis to an ADA claim); Braziel v. Loram Maintenance of Way, Inc., 943 F. Supp. 1083, 1093 (D.Minn.1996) (same).

In documents prepared by ASC during administrative proceedings, Gary Kraus admitted that Nordman's heart condition played a role in ASC's decision to relieve Nordman of his supervisory responsibilities.

The court believes that this statement, together with the testimony of Gary Kraus and Greg Kraus cited above, constitutes "`evidence of conduct or statements by persons involved in the decision-making process that may be viewed as directly reflecting the alleged discriminatory attitude ... sufficient to permit the factfinder to infer that that attitude was more likely than not a motivating factor in the employer's decision."' Radabaugh v. Zip Feed Mills, Inc., 997 F.2d 444, 449 (8th Cir. 1993) (quoting Ostrowski v. Atlantic Mut. Ins. Cos., 968 F.2d 171, 182 (2d Cir.1992)). Accordingly, plaintiff is entitled to a direct evidence analysis under Price Waterhouse, shifting the burden to ASC to establish by a preponderance of the evidence that it would have relieved Nordman of his supervisory duties even if it had not taken his heart condition into account. See id.

ASC argues that it has sufficient evidence of workplace problems unrelated to Nordman's medical condition, such as Nordman's temper flare ups around coworkers and the impact of his decision to commute between Minnesota and Iowa to support its decision to replace Nordman as supervisor. However, viewing those facts in a light most reasonable to the EEOC, the court concludes that ASC has not made the requisite showing for purposes of summary judgment. Even under the McDonnell Douglas analysis, there is sufficient evidence for a factfinder to conclude that ASC's proffered legitimate reasons for the demotion are pretextual. See Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 120 S. Ct. 2097, 2109, 147 L. Ed. 2d 105 (2000) (holding that "a plaintiff's prima facie case, combined with sufficient evidence to find that the employer's asserted justification [for an adverse employment action] is false, may permit the trier of fact to conclude that the employer unlawfully discriminated."). Therefore, summary judgment is denied as the plaintiff's ADA claim.

Plaintiff also contends that ASC's decision to relieve Nordman of his supervisory responsibilities amounted to constructive discharge. Constructive discharge occurs when an employer "`deliberately renders the employee's working conditions intolerable and thus forces the employee to quit his job.'" Allen v. Bridgestone/Firestone, Inc., 81 F.3d 793, 796 (8th Cir.1996) (quoting Johnson v. Bunny Bread Co., 646 F.2d 1250, 1256 (8th Cir.1981)). The employer's actions must have been intended to force the employee to quit. Id. The plaintiff can satisfy the intent requirement by showing that his resignation was a reasonably foreseeable consequence of his employer's discriminatory actions. Id. In addition, the plaintiff must show that a reasonable person in his situation would find the working conditions intolerable. See id. The intolerability of working conditions is judged by an objective standard, not the plaintiff's subjective feelings. See West v. Marion Merrell Dow, Inc., 54 F.3d 493, 497 (8th Cir.1995). 041b061a72


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