Driscoll v. CB Richard Ellis, Inc.
In this disability discrimination case, plaintiff and appellant William Driscoll, a real estate sales person, appeals from a judgment entered on an order granting summary judgment in favor of his former employer, defendant and respondent CB Richard Ellis, Inc. (CBRE), and two of his former supervisors, defendants and respondents Jeffrey Woolson and Mark Read. Driscoll contends he raised triable issues of fact as to whether defendants' stated business reasons for a group of adverse employment decisions were pretexts for disability discrimination.
Like the trial court, Court find the defendants articulated a valid business reason for each employment decision Driscoll challenges and, further, that the record does not contain any facts which would support an inference the stated reasons were mere pretexts for discriminatory conduct. In particular, defendants presented evidence to the effect that Driscoll was not given responsibility for particular client accounts either because of circumstances outside the control of Driscoll's supervisors or because of the expressed preferences of a CBRE client. Defendants presented further evidence that Driscoll's supervisor took responsibility for managing potential government contracts from Driscoll because the supervisor determined a supervisor needed to manage that aspect of CBRE's business.
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