Salazar v. Lubbock County Hospital District, No. 20-10322 (5th Cir. 2020)
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Plaintiff filed suit against her former employer, UMC, alleging age discrimination in violation of the Age Discrimination in Employment Act of 1967 (ADEA). Plaintiff claimed that she and several other elderly employees were fired and replaced by younger respiratory therapists, whom UMC paid at a lower rate. Both parties agreed that plaintiff demonstrated a prima facie case of age discrimination and that UMC articulated a legitimate, non-discriminatory basis for her termination.
The Fifth Circuit affirmed the district court's judgment in favor of UMC, holding that plaintiff failed to adduce sufficient evidence to create a genuine dispute over the veracity of UMC's proffered reasons for plaintiff's discharge. In this case, UMC's articulated reasons for plaintiff's termination were her poor performance and demonstrated lack of effort to change her behavior. The court concluded that plaintiff failed to present sufficient evidence to create doubt as to whether this reason was a mere pretext for discrimination.
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