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Iranian-American's retaliation charge reinstated

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A federal appeals court has reinstated a retaliation charge filed by a terminated Iranian-American employee but upheld dismissal of his discrimination charge.

Reza Yazdian, a first-generation Iranian-American who is a nonpracticing Muslim, worked as a territory manager for ConMed Endoscopic Technologies Inc., a unit of Utica, New York-based ConMed Corp., from April 2005 to July 2010 and received awards, bonuses and promotions for his performance, according to Monday’s ruling by the 6th U.S. Circuit Court of Appeals in Cincinnati in Reza Yazdian v. ConMed Endoscopic Technologies Inc.

Mr. Yazdian had a “rocky relationship,” however, with Tim Sweatt, who was his district manager from early 2008 to July 2010, and felt that Mr. Sweatt singled him out because of his ethnic background, according to the ruling. He complained that Mr. Sweatt had created a hostile work environment. In June 2010, Mr. Yazdian requested a transfer to another division.

In July 2010, Mr. Yazdian was issued a written warning by Mr. Sweatt that complained about his conduct and behavior. Later that month, Mr. Yazdian was told he was terminated for violating the company’s conduct policy, “prior behavior issues and because when he received his written warning he became combative,” according to the ruling.

Mr. Yazdian filed suit against ConMed, charging it with discrimination and retaliation. The U.S. District Court in Cincinnati granted ConMed summary judgment dismissing both charges.

A three-judge panel of the 5th Circuit unanimously reinstated the retaliation charge, citing Mr. Yazdian’s termination after he had complained about a hostile work environment.

“Yazdian accused Sweatt of creating a hostile work environment. Eight weeks later, on July 26, 2010, ConMed terminated Yazdian’s employment,” said the ruling. “Accordingly, Yazdian has produced enough evidence to establish a prima facie retaliation claim.”

However, the panel upheld the lower court’s dismissal of the discrimination charge.

“Yazdian simply has not presented evidence for which a reasonable jury could find that ConMed’s stated reason for terminating Yazdian was pretext for discrimination,” said the ruling.

Last month, an appeals court reinstated a retaliation lawsuit filed by a District of Columbia Water and Sewer Authority worker who said he was terminated in retaliation for complaining about racial discrimination.

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