00-2916Clay v. Holy Cross Hospital

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“Clay presents no evidence to rebut Seliga’s testimony that Gaffney advised him that Clay was uncooperative with the Hospital’s marketing efforts, and that Clay failed to participate in any of the Hospital’s 25 marketing events. Clay attempts to refute this reason with her own testimony that she solicited new patients by participating in a radio broadcast, appearing at a mall, visiting a local factory and joining a community board. But this evidence does not indicate that Clay participated in the Hospital’s marketing events, and thus it does not rebut Gaffney’s assertion, or the fact that Gaffney notified Seliga about her frustration with Clay’s lack of participation. Thus, Clay’s testimony does not demonstrate pretext because it does not show that Seliga did not honestly believe that Clay was unwilling to participate in the Hospital’s marketing events.”

“Clay has failed to demonstrate that the Hospital’s proffered reason for her termination was a pretext for intentional discrimination. Clay has not shown that the Hospital’s decision-maker, Bill Seliga, did not honestly believe that Clay lacked the drive, work ethic, and dedication to grow her practice into a profitable enterprise.”

Affirmed.

CONCURRING OPINION: Diane P. Wood, J. “It may be true that there are some people so obtuse that they cannot recognize the condition of a woman six or seven months along in her pregnancy, and that there are some pregnancies that are not detectable until the day of delivery. These, however, are the rare cases. I make this point in order to disagree with the majority’s conclusion, ante at 12, that ‘the record does not support Clay’s allegation that Seliga knew about her pregnancy before he selected her for the RIF.’ To the contrary, as the district court recognized and as even the majority’s opinion tacitly acknowledges, there are genuinely disputed issues of fact about the state of his knowledge.”

Appeal from the United States District Court for the Northern District of Illinois, Holderman, J., Manion, J.