Affirmed by unpublished PER CURIAM opinion.
Unрublished opinions are not binding precedent in this circuit.
Carol Sue Hart appeals the summary judgment entered in favor of Bon Secours Baltimore Health System, et al. (“Bon Secours”) on her employmеnt discrimination claims. We affirm.
We view the facts in the light most favorable to and draw all reasonable inferences in favor of Hart, the nonmoving party. White v. BFI Waste Services, LLC,
Shortly after this August 17 meeting, Hart bеgan suffering from stress and headaches. On August 21, Hart’s doctor diagnosed her with high blood pressure and acute stress disorder. Thereafter, Hart provided a doctor’s note to Bon Sec-ours and was approved for medical leave beginning August 22. Hart was cleared to return to work on September 5. However, Brady, who was out of town for a family emergency, did not want Hart to return to work until they hаd an opportunity to discuss her new role, so Brady placed Hart on administrative leave until September 12.
While Hart was on administrative leave, Brady informed the upper management at Bon Secours that she had decided to terminate Hart because of issues regarding Hart’s job performance, management style, and perceived lack of leadership. However, Bon Secours’ Vice President of Human Resources, Sherine High, expressed concern about terminating Hart at that time and recommended that Hart be given a chance to address the issues raised by Brady and adjust to her new position. Brady accepted High’s recommendation and drafted “talking points” to address with Hart upon her scheduled return on September 12.
During this period, multiple issues arose' concerning the certification of the hospital’s Pulmonary Blood Gas Laboratory. The lab required certification from the College of American Pathologies (“CAP”) and a licеnse issued by the state of Maryland under the Clinical Laboratory Improvement Amendments (“CLIA”). A senior manager and auditor at Bon Sec-ours discovered that the CAP certification had expired because the CAP invoice had not been paid on time. In the process of obtaining a current CAP certification, they further discovered that an invoice for the CLIA license had also not been paid. On September 12, the hospital began an investigation into how the CLIA license lapse had occurred. That same day, Hart returned to work, but was immediately suspended pending the results of the investigation into the CLIA license.
In a report issued on September 21, the Corporate Responsibility Officer concluded that Hart bore the responsibility for the lapse because maintaining lab certification and accreditation were the responsibilities of the Director of Ancillary Services. On October 1, 2007, Brady sent a letter to Hart stating that she was being terminated “based оn the results of [the] investigation into the Pulmonary Blood Gas Lab’s de-certification and [her] role in failing to maintain certification through ensuring timely payment of required fees.” J.A. 421. Hart was 55 years old at the time of her termination.
After Hart’s termination, Bon Secours contracted with Ivy Ventures, a consulting firm in Richmond, Virginia, to provide managerial support for the imaging department. Ivy Ventures assigned its 41-year-old employee, Chris Shepperson, to handle temporarily the responsibilities of the Director of Imaging. Bon Secours
Hart filed a charge of age discrimination with the Baltimore Community Relations Commission, which subsequently issued a notice of right to sue. Hart then filed this action in federal court, alleging age discrimination under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. (“ADEA”); retaliation under the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. (“FMLA”); and defamation.
Bon Secours moved for summary judgment pursuant to Fed.R.Civ.P. 56, arguing inter alia that Hart failed to establish a prima facie case under the ADEA or the FMLA, that the evidence established Bon Secours terminated Hart for non-diserimi-natory reasons, and that Hart failed to establish a prima facie case for defamation under Maryland law. Hart also movеd for partial summary judgment.
In ruling on the motions, the district court correctly noted that to establish a prima facie claim under the ADEA, Hart must demonstrate that (1) she was a member of the protected class; (2) she was qualified for the job and met Bon Secours’ legitimate expectations; (3) she was discharged despite her qualifications and performance; and (4) following her discharge, she was replaced by a substantially younger individual with similar qualifications. J.A. 892 (citing Warch v. Ohio Cas. Ins. Co.,
[Hart] has not satisfied the fourth element because her claims that she was both replaced by and treated less favorably than someone substantially younger are not supported by evidence sufficient to survive summary judgment. [Hart] first asserts that her replacement was forty-one-year-old Chris Shepper-son, the interim Dirеctor of Imaging, and not sixty-one-year-old Theodore Williams. This argument is without merit.- Shepperson was an employee of Ivy Ventures, a consulting firm, and not an employee of Bon Secours itsеlf. In addition, he served only for the period during which Bon Secours conducted a search for a replacement for [Hart]. Similarly, [Hart’s] argument that Williams did not replace her because he was hired into a different position must also fail. Whether or not his job title or responsibilities were precisely the same, no reasonable jury could find that he did not assume the responsibilities prеviously assigned to [Hart], and thus replaced her. [Hart] even acknowledges that Williams’s job responsibilities were identical to those of her previous position as Director of Ancillary Services.
J.A. 892-93. The district court also found that even if Hart had made out a prima facie case, Bon Secours provided a legitimate, non-discriminatory reason for dismissing Hart — namely, the problems with Hаrt’s job performance and the lapse in licensing of the lab — and that Hart failed to present evidence sufficient for a reasonable jury to find that Bon Secours’ reason was false or pretext for discriminating .against her on the basis of her age. J.A. 895 (citing Hill v. Lockheed, Martin Logistics Mgmt., Inc.,
Further, the district court properly noted that to establish a prima facie сase for retaliation under the FMLA, Hart must demonstrate that (1) she engaged in protected activity; (2) Bon Secours took adverse action against her, and (3) the adverse action was causally connected to her protected activity. J.A. 896 (citing Cline v. Wal-Mart Stores, Inc.,
For these reasons, the district cоurt granted Bon Secours’ summary judgment motion.
II
Hart now appeals the district court’s order. In challenging the order, Hart argues the evidence shows that she proved the fourth element of her prima facie case under the ADEA and that there is sufficient evidence to support a finding that Bon Secours’ justification for firing Hart was a pretext for age discrimination and retaliation.
“We reviеw the district court’s order granting summary judgment de novo.” White,
Having reviewed and considered, de novo, the record, briefs, and applicable law, and having had the benefit of oral argument, we are persuaded the district court appropriately addressed the issues of both the prima facie cases and pretext and correctly granted summary judgment in favor of Bon Secours on the ADEA and FMLA claims. Accordingly, we affirm the summary judgment on those claims based substantially on the reasoning of the district court. See Hart v. Bon Secours Baltimore Health System, et al., No. 1:08-cv-02516-JFM,
AFFIRMED.
Notes
Hart does not appeal the district court's grant of summary judgment in favor of Bon Sec-ours on the two defamation claims.