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Stephen Drizos v. PNC Investments LLC

Docket 22-1736, U.S. Court of Appeals, Third Circuit (Apr. 22, 2022)
Civil Rights - Americans with Disabilities Act - Employment (Appe...
Case Type3445 Civil Rights - Americans with Disabilities Act - Employment
Tags3445 Civil Rights, Americans With Disabilities Act, Employment, 3445 Civil Rights, Americans With Disabilities Act, Employment
Plaintiff - Appellant STEPHEN DRIZOS
Defendant - Appellee PNC INVESTMENTS LLC, DBA PNC Investments
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NOT PRECEDENTIAL OPINION

Document Stephen Drizos v. PNC Investments LLC, 22-1736 (3rd Cir. Aug. 3, 2023)
“To establish a prima facie case of discrimination, a plaintiff must show (1) that he is disabled within the meaning of the ADA [or PHRA], (2) that he is otherwise qualified for the job, with or without reasonable accommodations, and (3) that he was subjected to an adverse employment decision as a result of discrimination.” Sulima v. Tobyhanna Army Depot, 602 F.3d 177, 185 (3d Cir. 2010) (citing Taylor v. Phoenixville Sch.
Drizos argues that he made a prima facie case of disability discrimination under the ADA and PHRA, and that PNC’s proffered, nondiscriminatory reason was pretextual.
Drizos does not point to anything in the record, including his own declaration and deposition testimony, to dispute that he violated his final written warning by not complying with the call-out procedure in June 2018.
If an employer meets this burden, the plaintiff “must point to some evidence, direct or circumstantial, from which a factfinder could reasonably ... disbelieve [the employer’s] articulated legitimate reasons.” Id. (first alteration in original) (quoting Fuentes, 32 F.3d at 764).
of Bucks, 862 F.3d 292, 299 (3d Cir. 2017) (“[A]bsent exceptional circumstances, issues not raised before the district court are waived on appeal.” (alteration in original) (quoting Fletcher-Harlee Corp. v. Pote Concrete Contractors, Inc., 482 F.3d 247, 253 (3d Cir. 2007))).
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