Correlation doesn’t imply causation in disability bias case, NJ Appellate Division rules

A former employee claimed Urban Outfitters wrongfully discharged her because of her disability and sued the company for wrongful termination, hostile work environment, and retaliation under the New Jersey Law Against Discrimination (NJLAD). But, the New Jersey Appellate Division recently affirmed the trial court’s dismissal, finding she had failed to produce any evidence to substantiate her claims.

Facts

In November 2014, Urban Outfitters hired Filzah Kalim, who had hearing and speech impediments, to be a part-time seasonal sales associate at its Menlo Park store. After the rush of the holiday season subsided, the employer decided to keep her as a permanent part-time employee.

Kalim was responsible for greeting and assisting customers, tending to product displays, and assisting with managing the store’s inventory. Initially, Urban Outfitters was pleased with her performance. She demonstrated a good rapport with customers, completed her assignments in a timely manner, and was a reliable employee.

As time went on, however, Kalim’s job performance began to suffer drastically. She would often show up late to work, fall asleep during her shift, and wear competitor clothing to the store, just to name a few of Urban Outfitters’ complaints. Supervisors spoke to her multiple times about the issues but elected not to place anything in writing.

Things changed on September 8, 2015, when two managers provided Kalim with a “Written Warning Form” during a 45-minute meeting. Both sides have their own version of the meeting: