De Flores v. Ashcroft

MEMORANDUM ***

After being terminated from his job as an FBI agent, Paul DeFlores brought claims against the Attorney General under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. DeFlores claims that the FBI discriminated against him based on his ethnicity, age, and Equal Employment Opportunity (EEO) activity. The district court granted summary judgment in favor of John Ashcroft, and we affirm.

Ashcroft’s summary judgment motion asserted that the FBI terminated DeFlores for a legitimate, non-diseriminatory reason, namely its conclusion that DeFlores perpetrated insurance fraud. DeFlores presents no direct evidence of discriminatory animus but merely attempts to undermine the credibility of the FBI’s stated reason for terminating him. He therefore bears a burden of proving that the stated reason for termination was mere pretense for discrimination, St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 506-08 , 113 S.Ct. 2742 , 125 L.Ed.2d 407 (1993), and he must present specific and substantial evidence that the FBI’s reason for termination is unworthy of credence, Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 256 , 101 S.Ct. 1089 , 67 L.Ed.2d…