Ampofo v. National Rehabilitation Hospital
Opinion of the Court
JUDGMENT
This appeal was considered on the record from the United States District Court for the District of Columbia and the briefs and oral argument of the parties. It is
ORDERED AND ADJUDGED that the judgment of the district court be affirmed for the reasons set forth in the accompanying memorandum.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or rehearing en banc. See Fed. RApp. P. 41(b); D.C. Cir. Rule 41.
MEMORANDUM
Margaret S. Ampofo, a Ghanaian-born black female nurse, appeals the district court’s entry of judgment as a matter of law in favor of her former employer, the National Rehabilitation Hospital, on her claims of employment discrimination and retaliation for her having complained about the Hospital’s discriminatory practices. See 42 U.S.C. § 2000e et seq. Because the district court correctly determined at the close of Ampofo’s case that “there is no legally sufficient evidentiary basis for a reasonable jury” to find for Ampofo on either claim, Fed. R. Crv. P. 50(a), we affirm.
On appeal, Ampofo contends that she presented sufficient evidence of race and national-origin discrimination to survive the Hospital’s motion for judgment as a matter of law. As an adverse employment action, Ampofo identifies the Hospital’s decision not to transfer her from night-shift supervisor to evening-shift supervisor, a position she contends entails substantially more responsibility. She argues that a “precipitous drop” in her performance evaluations under a new supervisor was evidence that the hospital’s decision was based upon unlawful discrimination. The Hospital, however, provides a reasonable explanation for both actions: The “precipitous drop” in her evaluations was due to her supervisor’s discovery of her abuse of hospital leave policies and other difficulties with her supervisors related to that abuse, and Ampofo did not receive the evening-supervisor position because other candidates were better qualified. Because Ampofo has offered insufficient evidence for a jury to conclude either that “a discriminatory reason more likely motivated the employer” or that “the employer’s proffered explanation is unworthy of credence,” Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981), the district court properly entered judgment as a matter of law in favor of the Hospital on Ampofo’s discrimination claim.
Ampofo also contends that she presented sufficient evidence of retaliation for having engaged in statutorily protected activity, namely, complaining of discriminatory practices. Specifically, Ampofo alleges that the Hospital engaged in a course of retaliatory conduct that began with the
Reference
- Full Case Name
- Margaret S. AMPOFO v. NATIONAL REHABILITATION HOSPITAL
- Cited By
- 2 cases
- Status
- Published