Jones v. Huntsman Cancer Hosp. (Summary)

ADEA

Jones v. Huntsman Cancer Hosp., No. 2:12-CV-814 (D. Utah May 15, 2013)

The United States District Court for the Central Division of Utah granted in part and denied in part a hospital’s motion to dismiss a former staff nurse’s action claiming that the hospital terminated her employment based on age.  The nurse asserted a breach of contract claim and claims under the Age Discrimination in Employment Act (“ADEA”).  The nurse argued that the hospital’s commitments to comply with the ADEA in its personnel policies were a part of her employment contract, which the hospital breached through discriminatory conduct.  The court disagreed, finding the nurse’s breach of contract claim was barred by the exclusive remedy provision of the Utah Anti-Discrimination Act.  However, the court allowed the nurse’s ADEA claims to proceed, concluding that it could not determine, at this stage of the case, whether the hospital was an “arm of the state” entitled to immunity under the Eleventh Amendment of the United States Constitution.