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Bohlinger v. Abbot Laboratories Inc.

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OPINION AND ORDER Michael Bohlinger brings this suit for age discrimination against Abbott Laboratories Inc. under New York City’s Human Rights Law. Abbott has moved for summary judgment. For the reasons that follow, the motion is granted. I. Background For purposes of this motion for summary judgment, the following facts are presented in the light most favorable to Bohlinger, the nonmovant. Defendant Abbott Laboratories Inc. develops, manufactures, and sells health care products. (Dkt. No. 1 (“Compl.”) 4.) Plaintiff Michael Bohlinger worked for Abbott as a sales representative for forty-three years. (See Dkt. No. 39 (“SOF”)

3-4.) From 2015 to 2018, Bohlinger was a pediatric sales representative responsible for territory covering parts of Brooklyn and Queens. (SOF 6.) As a pediatric sales representative, Bohlinger was responsible for marketing and selling Abbott’s pediatric products to hospitals and doctor’s offices. (Dkt. No. 40 (“PSAF”) 6.) Prior to 2015, pediatric sales representatives were largely considered generalists, with representatives calling on both hospitals and doctor’s offices. (SOF 22.) In 2015, Abbott undertook a nationwide specialization of its pediatric sales representatives, categorizing them into three roles. (SOF

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