Facts

Plaintiff David Baylink, 75, worked as chief of the Musculoskeletal Disease Center at Loma Linda VA Medical Center (VA) for over 40 years. He was the only physician at the VA whose work was primarily comprised of research.

In September 2003, Baylink complained to the VA alleging age discrimination, harassment, and hostile work environment based on actions taken by his supervisor, Dr. Alan Jacobson. In November, an investigation was initiated against Baylink based on possible research violations. After the Officer of Research Oversight determined that Baylink had in fact committed serious violations of the VA human research policy, he was reassigned from research to clinical duties in September 2005. In January 2006, Baylink retired from his position.

Baylink sued the Secretary of the Department of Veteran Affairs, alleging two causes of action for age discrimination and retaliation. Baylink and defendant filed cross motions for summary judgment. Baylink's motion was denied, and defendant's was granted as to the age discrimination count. The case proceeded to trial on the remaining cause of action for retaliation.

PLAINTIFF'S CONTENTIONS:
Baylink contended age discrimination and retaliation for opposing wrongful practices, based on his complaints about Jacobson. He claimed that his retirement was a constructive discharge.

DEFENDANT'S CONTENTIONS:
The defendant contended that there were legitimate reasons for its employment decisions.

Damages

At trial, Baylink sought an unspecified amount in damages. In response to defense counsel's interrogatory, he claimed $3,558,363 in damages.

Result

The court entered judgment for defendant, finding no retaliation.