Carol Conto v. Concord Hospital, Inc.

Appellant Carol Conto challenges the summary judgment rulings which led the district court to dismiss her gender and age discrimination claims, as well as her sexual harassment claim, against her former employer, the Concord Hospital ("the Hospital"), see 29 U.S.C. § 621 (Age Discrimination in Employment Act) ("ADEA"); 42 U.S.C. § 2000e ("Title VII"). See Conto v. Concord Hosp., Inc., No. 99-166, 2000 WL 1513798 (D.N.H. Sept. 27, 2000).

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Once the Hospital articulated a nondiscriminatory basis for its discharge decision, the burden shifted to Conto to prove (at the very least) that the reason assigned for her discharge was pretextual. See Straughn v. Delta Air Lines, Inc., 250 F.3d 23, 33-34 (1st Cir. 2000). The Hospital asserted that Conto was discharged due to the fact that she failed, following repeated warnings, to perform duties essential to her role as a hospital security officer. As Conto acknowledges these deficiencies and offered no evidence of pretext on the part of the Hospital, her age and gender discrimination claims are not actionable. See Williams v. Raytheon Co., 220 F.3d 16, 19 (1st Cir. 2000).

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Click the case caption above for the full text of the Court's opinion.

We summarily affirm the district court judgment which dismissed the gender and age discrimination claims.

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