United States First Circuit

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 1964, claiming gender-based discrimination, retaliation, and constructive discharge, the district court's entry of summary judgment in favor of the employer is affirmed where: 1) because the employer did not refuse to hire any of the plaintiffs, the record presents no trialworthy issue as to discriminatory hiring; 2) 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; and 3) 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.

Appellate Information

• Decided 12/13/2010
• Published 12/13/2010

Judges

• SELYA

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas E. Folcarelli, Richard B. Myrus