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Conto v. Concord Hospital, Inc.

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Joseph A. DiClerico, Jr., U.S. District Judge]

Appellant Carol Conto challenges the summary judgment rulings which led the district court to dismiss her gender and age discrimination claims, as well as her sexual harassment claim, against her former employer, the Concord Hospital (“the Hospital”), see 29 U.S.C. � 621 (Age Discrimination in Employment Act) (“ADEA”); 42 U.S.C. � 2000e (“Title VII”). See Conto v. Concord Hosp., Inc., No. 99-166, 2000 WL 1513798 (D.N.H. Sept. 27, 2000). *fn1

We summarily affirm the district court judgment which dismissed the gender and age discrimination claims. *fn2 See Jackson v. United States, 156 F.3d 230, 232 (1st Cir. 1998) (noting that where district court issues “comprehensive, well-reasoned decision,” we may affirm with little or no elaboration). Once the Hospital articulated a nondiscriminatory basis for its discharge decision, the burden shifted to Conto to prove (at the very least) that the reason assigned for her discharge was pretextual. See Straughn v. Delta Air Lines, Inc., 250 F.3d 23, 33-34 (1st Cir. 2000). The Hospital asserted that Conto was discharged due to the fact that she failed, following repeated warnings, to perform duties essential to her role as a hospital security officer. *fn3 As Conto acknowledges these deficiencies and offered no evidence of pretext on the part of the Hospital, her age and gender discrimination claims are not actionable. See Williams v. Raytheon Co., 220 F.3d 16, 19 (1st Cir. 2000). *fn4

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