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Ahern v. Shinseki, 09-1985

By FindLaw Staff on December 13, 2010 5:52 PM

Employees' suit under Title VII of the Civil Rights Act of 1963 against the Department of Veterans Affairs medical center

Ahern v. Shinseki, 09-1985, concerned a challenge to the district court's entry of summary judgment in favor of an employer, in a suit brought by radiology technologists in the diagnostic imaging service at a Department of Veterans Affairs medical center, under the Title VII of the Civil Rights Act of 1963, claiming gender-based discrimination, retaliation, and constructive discharge.

In affirming, the court held that because the employer did not refuse to hire any of the plaintiffs, the record presents no trialworthy issue as to discriminatory hiring.  The court also held that plaintiffs' retaliation claim fails on the merits and the employer has articulated a legitimate, nondiscriminatory reason for each of the challenged actions, and the plaintiffs have adduced no significantly probative evidence tending to show that the proffered reasons were a pretext masking a retaliatory animus.  Lastly, the court held that the fact that the vast majority of the employees who worked under defendant, male and female, were subject to the same treatment and chose to stay, underscores the absence of any foundation for a claim of constructive discharge.

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