11th Circuit: Pharmacist May Proceed With Gender, But Not Age Bias Claims

Mealey's (July 27, 2018, 2:28 PM EDT) -- ATLANTA — A district court erred in applying the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), rather than the more lenient “motivating factor” test to a U.S. Department of Veterans Affairs pharmacist’s claim of gender bias, but correctly applied the standard to the plaintiff’s claims of age bias and retaliation, an 11th Circuit panel ruled July 16 in a per curiam opinion (Noris Babb v. Secretary, Department of Veterans Affairs, No. 16-16492, 11th Cir., 2018 U.S. App. LEXIS 19450)....