Brasher v. Thomas Jefferson Univ. Hosp. Inc. — Jan. 2017 (Summary)

AGE DISCRIMINATION

Brasher v. Thomas Jefferson Univ. Hosp. Inc.
No. 16-1146 (3d Cir. Jan. 27, 2017)

The United States Court of Appeals for the Third Circuit affirmed a lower court’s grant of summary judgment to a hospital on a claim of age discrimination under the Age Employment in Discrimination Act (“ADEA”).

The hospital terminated the employment of a nurse in her 50s following clinical concerns.  The hospital cited the nurse’s failure to follow protocols, initiation of procedures exceeding her scope of practice, and documentation errors as reasons for her termination.  The nurse claimed the proffered justifications were pretextual.  The nurse offered a similarly situated individual, a fellow nurse in her 20s, who allegedly also made a serious medication error.  The court found the comparison unpersuasive because the comparator did not have a similar disciplinary record.  The nurse also cited the animosity of the staff as evidence of age discrimination toward her.  The court similarly found this argument unconvincing because the nurse did not demonstrate how other staff members were treated more favorably than her.  Finally, the court held that the nurse’s mere contention that her scope of practice violation was done with the prior approval of a physician was insufficient to raise suspicion that the hospital’s explanation for her termination was pretextual.

Because the nurse produced evidence to discredit only one of the hospital’s many reasons for terminating her employment, the nurse failed to demonstrate that her termination was the result of age discrimination under the ADEA.