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01-2535 Brummett v. Lee Enterprises, Inc.

By: dmc-admin//April 1, 2002//

01-2535 Brummett v. Lee Enterprises, Inc.

By: dmc-admin//April 1, 2002//

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“[T]o meet his prima facie case, Brummett must demonstrate that he met the Herald’s good-driving requirements at the time of his termination. The Herald requires that all salespeople, regardless of race, have a valid driver’s license and a favorable driving record. At the time of his termination, Brummett had neither. His license had been suspended for a minimum of six months, and this was not his first dangerous driving offense. Despite these problems, he argues that he eventually received a driver’s permit, which would have permitted him to drive on the job under limited circumstances. This is of no consequence. Whether the plaintiff ultimately would or could have found some remedial solution to his employer’s legitimate expectations is not the issue under the first prong of McDonnell Douglas. The issue is simply whether Brummett was ‘meeting his employer’s expectations at the time of the discharge.’ See Anderson v. Stauffer Chemical Co., 965 F.2d 397 (7th Cir. 1992) (italics in original). In other words, at the time of his termination, could Brummett have legally driven by himself to the Herald’s various advertising client sites? The undisputed answer is no.”

Affirmed.

Appeal from the United States District Court for the Central District of Illinois, McCuskey, J., Williams, J.

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