Sameh Said v. Mayo Clinic, No. 21-3881 (8th Cir. 2022)
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Plaintiff resigned from his employment as a surgeon with Mayo Clinic (“Mayo”) after an internal committee recommended his termination following an investigation into allegations of his misconduct. Plaintiff sued Mayo and his supervisor, alleging discrimination and reprisal. The district court granted summary judgment in favor of Mayo and the supervisor.
The Eighth Circuit affirmed the district court’s ruling. The court explained that Plaintiff argues Mayo’s recommendation to terminate his employment was based on his race, religion, and national origin. Because Said does not offer direct evidence of discrimination, Plaintiff must create a sufficient inference of discrimination under the McDonnell Douglas framework to survive summary judgment.
Here, Plaintiff claims another similarly situated former employee, who also received complaints, from Mayo received preferential treatment. The court concluded that even if Plaintiff was similarly situated to the other employee, the court concluded that Plaintiff does not present sufficient evidence for a reasonable jury to conclude he received disparate treatment from the other employee. The court further explained that the record overwhelmingly demonstrates that Mayo believed Plaintiff was guilty of making unwelcomed advances toward female coworkers and of other misconduct. Said fails to “create a real issue as to the genuineness of” Mayo’s perceptions. Finally, regarding Mayo’s reporting of Plaintiff’s resignation to the State Board, as already discussed, the record demonstrates Mayo believed it was required to report Plaintiff’s termination to the State Board because Plaintiff resigned during an open investigation into his misconduct. Thus, Plaintiff fails to present sufficient evidence showing this was a pretext for retaliatory intent.
Court Description: [Grasz, Author, with Gruender and Benton, Circuit Judges] Civil case - Title VII. Plaintiff failed to make a prima facie case of discrimination based on race, religion and national origin; even if he had established a prima facie case, defendant presented legitimate grounds for plaintiff's termination - sexual harassment and inappropriate behavior - which plaintiff failed to show were pretexts for discrimination; on plaintiff's Minnesota Human Rights Act reprisal claim, he failed to establish a connection between his statutorily protected action and his termination. [ August 16, 2022 ]
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