Facts

Samar Azawi was employed by the Veterans Administration (VA) in Long Beach as a radiologist for nearly 30 years. In May 2017, she left the VA and, thereafter, filed suit against the VA and others.

PLAINTIFF'S CONTENTIONS: Plaintiff, a woman of Iraqi descent, contended that she was constructively discharged; was the subject of national origin, gender and age discrimination; and retaliated against when pursued a variety of grievances against the VA. She also asserted pay-related claims under the Equal Pay Act (EPA).

DEFENDANT'S CONTENTIONS: Defendant moved for summary judgment, arguing that the plaintiff failed to establish genuine issues of material facts. For example, the plaintiff failed to submit evidence that she was replaced by an employee outside of her protected classes, offering no evidence that she was replaced by a man, person of non-Iraqi national origin, or someone substantially younger. In contrast, the defendant provided documentation of legitimate non-discriminatory reasons that justified the dismissal-- the plaintiff's malpractice (the VA had settled a substantial tort claim related to her improper treatment of a patient); and her erratic job performance and attendance problems, which led to, in the spring of 2017 and after a lengthy investigation, the plaintiff's dismissal.

Result

Defendant's motion for summary judgment as to the employment claims were granted and plaintiff's EPA claims were dismissed for lack of jurisdiction.