Ball v. Einstein Cmty. Health Assocs., Inc. (Summary)

ADA & ADEA

Ball v. Einstein Cmty. Health Assocs., Inc., No. 12-1729 (3d Cir. Feb. 14, 2013)

The United States Court of Appeals for the Third Circuit affirmed a trial court’s grant of summary judgment to a medical practice corporation (“employer”) and others that were sued by an employed primary care physician for age and disability discrimination.  The physician was diagnosed with a disabling nervous system condition that significantly limited his physical mobility.  Despite this, he was able to perform the essential functions of his position.  At age 73, the physician’s contract with the employer was not renewed.  The physician sued, claiming that his contract was not renewed in violation of the Americans with Disabilities Act and the Age Discrimination in Employment Act.  The employer disagreed, arguing that the reasons his contract was not renewed were that he failed to pass billing and coding audits, inappropriately prescribed narcotics and at a high rate, and failed to follow the employer’s pain management policy.  The court concluded that the physician could not demonstrate that the employer’s proffered reasons for not renewing his contract were a pretext for discrimination.  Accordingly, the court granted summary judgment to the employer.