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Garland's Digest
on employment discrimination law
online since 1997
 

 

Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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Barnett v. Department of Veterans Affairs, 153 F.3d 338 (6th Cir. August 28, 1998)

Keywords: ADEA (wrongful termination) and Title VII (sex discrimination, wrongful termination; retaliation)

Introduction: Lucille Barnett sued the Department of Veteran Affairs (DVA) under Title VII and the ADEA alleging wrongful termination based on gender and age discrimination, and retaliation. The district court found in favor of the DVA. The Sixth Circuit affirms.

Facts: Barnett worked as a counseling psychologist from 1987 until 1991. Her supervisor was Leonard Mullins. In 1991, Mullins sent Barnett a warning of unacceptable performance. When her performance did not improve within 60 days, she was terminated.

Law:

1. Wrongful termination claims
   1. These claims fail because Barnett failed to show that the DVA's proffered nondiscriminatory reason (poor job performance) was a pretext for discrimination.
2. Retaliation claim
   1. Barnett failed to show a causal connection between her protected activity (prior EEO complaints) and her termination. Mullins gave Barnett satisfactory performance reviews for three years after the EEO complaints.
3. Therefore, the Sixth Circuit affirms the judgment of the district court.
4. Click here to see actual case.