Jones v. Temple Univ. – Aug. 2015 (Summary)

DISCRIMINATION – RACE AND SEX

Jones v. Temple Univ., No. 14-3390 (3d Cir. Aug. 13, 2015)

The United States Court of Appeals for the Third Circuit affirmed a district court’s order granting summary judgment in favor of a university on federal and state law claims of race and sex discrimination made by a physician. The physician was employed, in a non-faculty position, as a neuroradiologist for a hospital for which the University provided radiology services pursuant to a contract. The university faced a budget shortfall and needed to eliminate one position from the radiology department based on an insufficient volume of work. The university stated that the plaintiff physician was terminated because she was the only part-time, non-faculty neuroradiologist and because her contract only required 90 days’ notice to terminate as compared to a full year for the full-time faculty neuroradiologists. However, the physician alleged that the university discriminated against her on the basis on race and sex.

The court of appeals affirmed the district court’s grant of summary judgment in favor of the university, finding that the neuroradiologist had failed to present evidence from which a reasonable fact finder could conclude that the university’s legitimate, nondiscriminatory reasons for her termination were a pretext for race or sex discrimination and because, as the only part-time, non-faculty member, there were no similarly situated employees outside of her protected class who were treated differently.