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722 F. App'x 26
2d Cir.
2018
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Background

  • Plaintiff Jill S. Meyer (born Feb. 1953) previously worked as a psychiatrist at the NJ VA (1994–2004) and filed multiple EEO complaints over the years.
  • Meyer applied for staff psychiatrist vacancies announced in 2011/2012; her 2011 application rolled into the 2012 selection pool.
  • Vacancy notice did not list board certification as a requirement, but the selection panel decided beforehand to interview only board‑certified candidates.
  • The panel interviewed only board‑certified applicants and hired two younger psychiatrists (ages 31 and 38). Meyer is not board‑certified.
  • Meyer alleged ADEA age discrimination and ADEA retaliation based on prior EEO activity; the VA EEO and the EEOC ruled for the VA, and the district court granted summary judgment to the VA. The Second Circuit affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Age discrimination under ADEA Meyer argues nonselection was due to age because the hires were younger NJ VA argues selection preference for board certification (a legitimate, nondiscriminatory reason); no evidence linking decision to age Court: No prima facie showing of age discrimination; mere fact hires were younger is insufficient to create inference of age bias
ADEA retaliation Meyer contends panel retaliated for her prior EEO complaints and this was the first opportunity to act NJ VA contends no causal connection; panel lacked knowledge of certain prior complaints and legitimate nondiscriminatory reason existed Court: No causal connection—temporal gap (~8 years) is too long to infer retaliation; failed to make prima facie case
Pretext for panel’s board‑certification preference Meyer argues preference for board certification was pretextual cover for discrimination NJ VA maintains panel legitimately viewed board certification as qualification criterion Court: Meyer offered no evidence showing preference was pretext; defendant’s articulated reason stands
Evidentiary sufficiency at summary judgment Meyer relies on circumstantial points (age of hires, prior complaints) to oppose summary judgment NJ VA points to lack of age‑related evidence and absence of proximate temporal link Court: Viewing evidence in plaintiff’s favor, no genuine issue of material fact; summary judgment affirmed

Key Cases Cited

  • McDonnell Douglas Corp. v. Green, 411 U.S. 792 (establishing burden‑shifting framework for discrimination claims)
  • Clark Cnty. Sch. Dist. v. Breeden, 532 U.S. 268 (temporal proximity must be "very close" to support causation)
  • Bucalo v. Shelter Island Union Free School Dist., 691 F.3d 119 (2d Cir. ADEA prima facie and burden shifting discussion)
  • Delaney v. Bank of Am. Corp., 766 F.3d 163 (mere age disparity among hires insufficient to survive summary judgment)
  • Hicks v. Baines, 593 F.3d 159 (methods to show causal connection for retaliation claims)
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Case Details

Case Name: Meyer v. Shulkin
Court Name: Court of Appeals for the Second Circuit
Date Published: Jan 19, 2018
Citations: 722 F. App'x 26; 2018 WL 480478; 17-993
Docket Number: 17-993
Court Abbreviation: 2d Cir.
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