Facts

In November 2010, plaintiff Stacy Desmond, started working at Time Warner Cable Inc., a company which later became Charter Communications Inc. She worked as a direct sales representative, which required her to go door-to-door to different multi-dwelling units such as, apartment buildings and condominiums, asking potential customers if they wished to buy Time Warner's products and services. Once Time Warner merged with Charter in 2016, her department was downsized and Desmond was transferred back to working on direct sales which she claimed was more strenuous. Thereafter, Desmond contended that she began to experience medical issues related to neck and shoulder injuries she acquired prior to working at Time Warner. She was then placed on a medical leave of absence. While she was still on leave, she applied for an open multi-dwelling unit position at Charter. During this time, she was medically restricted - she could only walk minimally and could only work part-time with limited on-the-field hours. More specifically, she could only carry ten pounds per hand, required a one hour break every three hours and could only work five days per week. Charter rejected her application for the multi-dwelling unit position because it required full-time and more activity than was allowed by Desmond's medical restriction. When Desmond returned from her medical leave, she worked the same position she held prior to her leave of absence.
Charter required a monthly sales quota and had a strict disciplinary system. Employees who did not meet their minimum quotas were subjected to a progressive disciplinary system.
Before she was ultimately terminated for not meeting her sales quota, she filed a complaint against her sales manager. She also filed a complaint with the Department of Fair Employment and Housing.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that her health issues were exacerbated by her work as a direct sales representative after her department was downsized and she no longer worked on multi-dwelling units. She further alleged various causes of action including, among other things, gender and disability discrimination, retaliation, and harassment based on her requests for accommodation and complaints to management.

DEFENDANT'S CONTENTIONS: Defendant alleged that Desmond did not meet her sales quota for five consecutive months, was issued warnings based on its disciplinary system and she was ultimately terminated after going through the disciplinary system and issued a "Final Written Warning," for failing to meet her sales quota.

Result

Defendant's motion for summary judgment was granted.