Markell v. Kaiser Foundation Health Plan of the Northwest
Opinion
Opinion
MEMORANDUM
The district court granted summary judgment in favor of Kaiser Foundation Health Plan of the Northwest (“Kaiser”) on appellant Jean Clair Markell’s claim that Kaiser violated the Age Discrimination in Employment Act of 1967. We affirm.
Under the McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), burden-shifting framework, a plaintiff must present a prima facie case of discrimination and a triable issue of material fact as to pretext if the employer offers a nondiseriminatory explanation for termination.
Markell argues that her statements and two supporting affidavits of former Kaiser employees provide such evidence. Even assuming that the affidavits were admissible, they do not overcome Kaiser’s nondiscriminatory explanation for Markell’s termination or provide evidence that Markell was performing her job to Kaiser’s satisfaction. Markell concedes that she copied confidential patient records, both of her own patients and of patients not under her care, and that she took these records home with her. These actions violated Kaiser’s internal policies and potentially subjected Kaiser to liability under federal law.