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Warren v. IBM Corp., 03 Civ. 3340

Army Reservist's Discrimination Claims Under USERRA, Military Law §317 Survive IBM's Dismissal Motion

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Judge Chin

WARREN v. INTERNATIONAL BUSINESS MACHINES CORP. — In this employment discrimination case, plaintiff Michael Warren alleges that defendant International Business Machines Corporation (“IBM”) discriminated against him because of his membership in the armed services, in violation of federal and state law. Warren was a member of the United States Army Reserve (the “Reserve”), and shortly after he returned from a twenty-five day training mission, IBM fired him. IBM moves for summary judgment dismissing all claims. With the exception of three claims, the motion is denied, for a reasonable jury could surely find that Warren’s status in the Reserve was a substantial or motivating factor in IBM’s decision to discharge him. A reasonable jury could find that IBM’s stated reason for dismissing Warren was pretextual, and the record contains substantial evidence showing that IBM was unhappy with Warren’s repeated absences for Reserve duty and the possibility that he could be called for further service or even active duty on short notice. Accordingly, I conclude that genuine issues of fact exist for trial.

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