Burlington Coat Factory Trims Transgender Employee’s Bias Claims

Burlington Coat Factory Warehouse Corp. won dismissal of a transgender employee’s claims of discriminatory termination and failure to accommodate under the Americans with Disabilities Act, but must defend the worker’s allegation that it created a hostile work environment.

Plaintiff Charlize Cunningham’s failure “to identify similarly situated employees who were treated more favorably is fatal” to her discrimination claim, Judge Noel L. Hillman of the US District Court for the District of New Jersey said Thursday, ruling on summary judgment.

Cunningham also failed to rebut Burlington’s stated reason for firing her—poor performance, persistent lateness, and absences, Hillman said.

Cunningham’s allegation that ...