Trask v. Secretary, Dept. of VA, No. 15-11709 (11th Cir. 2016)
Annotate this CasePlaintiffs filed suit against the VA, alleging claims of employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. 626. The district court granted summary judgment for the VA. The court concluded that plaintiffs failed to establish an element of their prima facie failure-to-hire case because they were not objectively qualified to perform the duties of a PACT pharmacist; the court found no “convincing mosaic of circumstantial evidence” giving rise to an inference of age or gender discrimination; even assuming arguendo that plaintiffs’ reassignment to the float pool constitutes a prima facie retaliation case, plaintiffs presented no evidence that the Bay Pines’ legitimate non-discriminatory reason for the reassignment was pretextual; plaintiffs' remaining retaliation claims also failed; and plaintiffs’ evidence does not amount to an actionable hostile work environment claim. Accordingly, the court affirmed the judgment.
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