Gallagher v. Penobscot Cmty. Healthcare — Mar. 2016 (Summary)

ADEA

Gallagher v. Penobscot Cmty. Healthcare
Civil No. 1:15-CV-244-DBH (D. Me. Mar. 15, 2016)

The United States District Court for the District of Maine granted a health center’s motion to dismiss age discrimination claims made by one of its physicians whose employment was terminated.  The physician practiced dermatology and received complaints, including that he was “old school.” The court dismissed the physician’s Age Discrimination in Employment Act (“ADEA”) and constitutional claims because he failed to file a timely complaint with the Equal Employment Opportunity Commission.  The court also dismissed the physician’s suit against the federal government, holding that even though the health center and its employees were entitled to Federal Torts Claim Act immunity, this did not permit the physician to sue the government in an employment or peer review matter.  The court dismissed the physician’s state law claims without prejudice.