Tumminello v. Continental Baking Co.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

In this employment discrimination case, plaintiff alleges that she was dismissed in 1992 as a store manager based upon a back injury which she overheard a supervisor indicate should cause her replacement. The defendant employer asserts that the dismissal was based on breaches of company rules. Plaintiff contends that her work was exemplary and that any infractions consisted of small gifts of store merchandise to legitimate charities as a means of obtaining community good will for the store and similar acts which were insubstantial, whereas…