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Shellenberger v. Summit Bancorp Inc. is a case that illustrates how a retaliation claim can often be more powerful than the discrimination claim that preceded it. When the case went to trial, plaintiff Sally Shellenberger was pursuing two claims under the Americans with Disabilities Act ' a discrimination claim and a retaliation claim.
Shellenberger's lawyer, Kimberly D. Borland, told the jury that Summit had refused to even consider accommodating her client's hypersensitivity to chemicals by establishing a fragrance-free work environment or giving her an enclosed cubicle with a special air filtration device. And, Borland argued, soon after Shellenberger complained to the EEOC, she was fired.
The jury never deliberated, however, because the trial ended when US District Judge Herbert J. Hutton granted a directed verdict to Summit on both claims.
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