Facts

Rochelle Gray, an elderly African American woman, filed an employment discrimination lawsuit under 42 U.S.C. Section 1983, against the Secretary of Veterans Affairs in relation to her termination from the Veterans' Affairs Palo Alto Health Care System.

PLAINTIFF'S CONTENTIONS: Gray contended that defendant fired her as a result of age and race discrimination. Gray argued that from 2011 until her termination in 2016 her supervisor identified negative performance, placed her on probation, and ultimately fired her. Grey further argued that her supervisor's discrimination was due to Gray's gender, race, and sex.

DEFENDANT'S CONTENTIONS: Defendant contended that no evidence had been produced to meet a prima facie case for discrimination. Defendant argued that Gray failed to show any instance where she was treated less favorably than any other employee under a similar situation.

Result

The court granted defendant's motion for summary judgment and denied defendant's motion for additional discovery. The court determined that Gray provided no evidence apart from conclusory statements, failing to meet the very low prima facie standard for a showing of discrimination. The court also found that Gray failed to establish a basis for additional discover because her motion failed to make a showing of specific facts.