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Monaco v. DXC Tech. Servs. LLC

Termination Due to Force Reduction Not Shown as Pretext to Retaliation for FMLA Leave

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MEMORANDUM AND ORDER Plaintiff Nora Monaco brings this action under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §2601 et seq., against her former employer, Computer Sciences Corporation (“CSC”), and its parent company, DXC Technology Services, LLC (“DXC”). Plaintiff claims that CSC violated the FMLA by terminating her employment in retaliation for taking FMLA leave, and that DXC is also liable for the violation as CSC’s successor-in-interest. Defendants have moved for summary judgment. They contend in relevant part that plaintiff’s employment was terminated as part of a reduction in force, and that plaintiff has not put forward evidence from which a jury could infer that this nonretaliatory explanation was pretextual. As explained below, defendants’ motion for summary judgment is granted. BACKGROUND CSC provides information technology products and services to private-sector industries, including the telecommunications industry. See Defs. Rule 56.1 Statement of Facts 1 (“Defs. 56.1″) (Dkt. #25-2); Pl. Rule 56.1 Counterstatement of Facts 1 (“Pl. 56.1″) (Dkt. #44-1). Plaintiff Nora Monaco worked for AT&T as a computer programmer until April 2000, when CSC entered into an outsourcing agreement with AT&T. Pl. 56.1

5-7; Dep. of Nora Monaco at 36:7-16, 40:20-41:19 (“Monaco Dep.”) (Dkt. #28); Dep. of Joseph Zipp at 21:19-24:16 (“Zipp Dep.”) (Dkt. #27-1). Under the outsourcing agreement, plaintiff and many other former AT&T employees were offered and accepted positions at CSC. Pl. 56.1

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