Michalek v. Ohio State Univ. Wexner Med. Ctr.

Motion for Summary Judgment, Employment, Age Discrimination, Sex Discrimination. No genuine issues as to any material fact existed regarding plaintiff's claims for age or sex discrimination. Defendant presented legitimate, non-discriminatory reasons for plaintiff's termination. Plaintiff failed to establish a prima facie case by presenting facts which demonstrated that defendant's reasoning for termination of plaintiff's employment was pretextual. Defendant's motion for summary judgment was granted.

FLSA, Class Certification- Plaintiffs sought conditional certification of an FLSA class pursuant to 29 USC 216(b) based on a clock-in and clock-out rounding policy. The magistrate found that potential plaintiffs were identified and submitted affidavits. However, the magistrate found evidence of a widespread discriminatory practice lacking because defendant did not uniformly enforce the clock-in and clock-out rounding policy and, therefore, that plaintiffs could not prove a violation as to all plaintiffs. Thus, the magistrate recommended denial of conditional class certification.

Appellant challenges the summary-judgment dismissal of her claims under the Minnesota Human Rights Act (MHRA), her claims under the Minnesota whistleblower act (MWA), and her claims for negligent hiring, supervision, and retention. She also challenges the district court's denial of her motions to compel discovery. Because no genuine issues of material fact exist precluding the grant of summary judgment for respondents and any error related to the motions to compel is harmless, we affirm.