Elizabeth Favaro Obtains Appellate Win for EV charging Company in Employment Discrimination Case

Elizabeth Favaro obtains appellate win for EV charging company in employment discrimination case.

A unanimous three-judge panel of the United States Sixth Circuit Court of Appeals affirmed summary judgment in favor of Rhombus Energy Solutions, Inc. on October 15, 2025, dismissing former production manager Darryl Broadnax’s complaint that the Borg Warner subsidiary discriminated against him on the basis of race and religion.  In briefing submitted to the trial court, and again to the Sixth Circuit, Rhombus successfully proved that Mr. Broadnax’s termination was the result of poor performance and not discrimination.  According to the opinion: “Rhombus’s summary-judgment evidence — ranging from disciplinary forms, to a documented chronology of incidents involving Broadnax, to deposition testimony from multiple employees — supports that the company fired Broadnax because of his demonstrated poor performance,” which the court stated, “constitutes a legitimate, nondiscriminatory basis for Broadnax’s termination.”

The opinion is available here.  Law360 reported on the case as well, and its article is available here.

Ms. Favaro is an equity shareholder in the firm’s business litigation group, serving as the chair of the firm’s Employment Practice Section.