Canning v. Creighton University, No. 19-3286 (8th Cir. 2021)
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After the University dismissed plaintiff from its medical residency program, plaintiff filed suit for wrongful termination and alleged that the University discriminated against her based on age and disability, as well as retaliated against her.
The Eighth Circuit affirmed the district court's grant of summary judgment for the University, concluding that the University established a legitimate, non-discriminatory reason for plaintiff's termination. In this case, assuming that plaintiff made a prima facie case for age discrimination, the University produced a legitimate, nondiscriminatory reason for terminating plaintiff by explaining that she made an egregious error affecting patient safety despite supervisor and attending efforts. Furthermore, plaintiff failed to show evidence of pretext. The court also concluded that plaintiff failed to make a prima facie case of discrimination under the Americans with Disabilities Act because there are no genuine issues of material fact as to whether the University regarded her as disabled at the time before her termination.
Court Description: [Smith, Author, with Loken and Gruender, Circuit Judges] Civil case - Employment discrimination. Defendant established a legitimate, non-discriminatory ground for plaintiff's termination from its residency program - an error affecting patient safety - and plaintiff failed to show the stated ground was a pretext for age discrimination; plaintiff failed to make a prima facie case of discrimination under the ADA as there was no genuine issue of material fact as to whether defendant regarded her as disabled during the relevant time period preceding her termination; plaintiff failed to make a prima facie case of ADA retaliation.
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