• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Subscribe

MassDevice

The Medical Device Business Journal — Medical Device News & Articles | MassDevice

  • Latest News
  • Technologies
    • Artificial Intelligence (AI)
    • Cardiovascular
    • Orthopedics
    • Neurological
    • Diabetes
    • Surgical Robotics
  • Business & Finance
    • Wall Street Beat
    • Earnings Reports
    • Funding Roundup
    • Mergers & Acquisitions
    • Initial Public Offering (IPO)
    • Legal News
    • Personnel Moves
    • Medtech 100 Stock Index
  • Regulatory & Compliance
    • Food & Drug Administration (FDA)
    • Recalls
    • 510(k)
    • Pre-Market Approval (PMA)
    • MDSAP
    • Clinical Trials
  • Special Content
    • Special Reports
    • In-Depth Coverage
    • DeviceTalks
  • Podcasts
    • MassDevice Fast Five
    • DeviceTalks Weekly
    • OEM Talks
      • AbbottTalks
      • Boston ScientificTalks
      • DeviceTalks AI
      • IntuitiveTalks
      • MedtechWOMEN Talks
      • MedtronicTalks
      • Neuro Innovation Talks
      • Ortho Innovation Talks
      • Structural Heart Talks
      • StrykerTalks
  • Resources
    • About MassDevice
    • DeviceTalks
    • Newsletter Signup
    • Leadership in Medtech
    • Manufacturers & Suppliers Search
    • MedTech100 Index
    • Videos
    • Webinars
    • Whitepapers
    • Voices
Home » Former Abbott sales director’s age discrimination suit can proceed

Former Abbott sales director’s age discrimination suit can proceed

March 5, 2021 By Sean Whooley

judge gavel Abbott
[Image from Unsplash]
A New Jersey federal judge has ruled that an age bias lawsuit from a former sales director at Abbott (NYSE:ABT) can move forward.

Richard Rudolph alleged that, after 15 years as a sales director at the Abbott Park, Ill.-based medtech company, he was let go because of his age at 55 years old.

Rudolph claimed that the company laid out unreasonable performance goals to create an opportunity to force him out. Targets referred to by Rudolph — and whether he achieved them — are subject to dispute between him and his supervisor at Abbott, U.S. District Judge Peter G. Sheridan wrote in his March 2 order denying Abbott’s motion for summary judgment.

Abbott required Rudolph to achieve specific sales performance requirements each month in three regions, make three 30-day sales forecasts with more than 90% accuracy, deliver 100% accurate and current Salesforce.com data at the end of each month and grow distribution partner McKesson’s ambulatory sales by 10% compared to the previous year, according to Sheridan’s description of Rudolph’s claims.

Rudolph said he questioned his supervisor about some of the objectives, namely the mandate to meet plan for each product in each territory every month and the requirement to forecast sales with near-perfect accuracy when a distributor made the product sales, not Rudolph himself.

When the supervisor set up the plan, Rudolph claims the supervisor asked him whether he’d retire soon, while the supervisor allegedly said Rudolph was “anchored in the past.” Abbott eventually terminated Rudolph, but Rudolph claims that Abbott agreed to tell the sales team that he decided to leave, with the supervisor announcing that he had “finally retired.”

According to Sheridan, Abbott conceded that Rudolph had established a prima facie — based on the first impression — case of age discrimination, and the case will proceed because there is indirect evidence of age discrimination.

The court found that Rudolph raised a genuine dispute over whether he was evaluated based on factors unrelated to his own performance and whether Abbott could have genuinely expected him to achieve his assigned targets. There is no dispute over whether he achieved the performance objectives. Rather the questions remain over whether those objectives were unreasonable under the circumstances and whether the supervisor had discriminatory intent when assigning them and eventually terminating Rudolph.

Abbott issued a statement to MassDevice that said: “Abbott promotes and values a diverse and inclusive workforce. We believe this case is without merit.”

In denying Abbott’s motion for summary judgment, Judge Peter Sheridan wrote:

“A reasonable factfinder could conclude that [the supervisor] deliberately set performance goals that [Rudolph] could not meet – or unfairly blamed him for factors beyond his control – in an attempt to create a “legitimate” reason to fire him, as demonstrated by his age-related comments shortly before and after [Rudolph’s] termination. Drawing all inferences in [Rudolph’s] favor, a jury could conclude that [Abbott’s] proffered reason for his termination was pretext. Further, summary judgment is inappropriate where, as here, the evidence is susceptible to different inferences or interpretations, and where motive or intent are contested.”

This story was updated with a statement from Abbott.

 

Filed Under: Business/Financial News, Featured, Legal News Tagged With: Abbott

More recent news

  • A new way to monitor glucose: Glucotrack explains 3-year CBGM implant technology
  • Dexcom continues advances in AI for CGM, type 2 diabetes awareness
  • Tandem continues to deliver more options, benefits for those with diabetes
  • Breaking: Sequel to launch twiist automated insulin delivery system next month
  • Dexcom shares U.S. report on CGM benefits for type 2 diabetes

About Sean Whooley

Sean Whooley is an associate editor who mainly produces work for MassDevice, Medical Design & Outsourcing and Drug Delivery Business News. He received a bachelor's degree in multiplatform journalism from the University of Maryland, College Park. You can connect with him on LinkedIn or email him at [email protected].

Primary Sidebar

“md
EXPAND YOUR KNOWLEDGE AND STAY CONNECTED
Get the latest med device regulatory, business and technology news.

DeviceTalks Weekly

See More >

MEDTECH 100 Stock INDEX

Medtech 100 logo
Market Summary > Current Price
The MedTech 100 is a financial index calculated using the BIG100 companies covered in Medical Design and Outsourcing.
MDO ad

Footer

MASSDEVICE MEDICAL NETWORK

DeviceTalks
Drug Delivery Business News
Medical Design & Outsourcing
Medical Tubing + Extrusion
Drug Discovery & Development
Pharmaceutical Processing World
MedTech 100 Index
R&D World
Medical Design Sourcing

DeviceTalks Webinars, Podcasts, & Discussions

Attend our Monthly Webinars
Listen to our Weekly Podcasts
Join our DeviceTalks Tuesdays Discussion

MASSDEVICE

Subscribe to MassDevice E-Newsletter
Advertise with us
About
Contact us

Copyright © 2025 · WTWH Media LLC and its licensors. All rights reserved.
The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of WTWH Media.

Privacy Policy