Age Discrimination Claim: The Facts

Estades argues that the district court erred in granting summary judgment on the ADEA claim because she presented direct evidence of age discrimination. In the alternative, Estades claims summary judgment should not have been granted with regard to the prima facie case because a genuine issue of material fact exists regarding whether she was actually or constructively discharged.

The ADEA makes it "unlawful for an employer . . . to discharge any individual . . . because of such individual's age." 29 U.S.C. § 623(a)(1). In an ADEA case, the plaintiff bears the burden of proving [s]he would not have been discharged "but for [her] age." Serrano-Cruz v. DFI P.R., Inc., 109 F.3d 23, 25 (1st Cir. 1997). It goes without saying that a plaintiff's failure to present a triable question of material fact as to her having suffered an adverse employment action dooms an ADEA claim from the start. Under the circumstances of this case, we begin, therefore, by considering whether the record supports her claim to have suffered an adverse employment action at the hands of Associates.

When she first became ill, Estades applied for and obtained short-term disability benefits under Associates' employee benefits policy. Before those benefits expired, Associates notified Estades that she could apply for long-term disability benefits and recommended that she apply for SSDI. The insurer, Prudential, at first denied her request for LTD, but notified her of the right to appeal which she exercised. As a matter of fact, Estades's employment with Associates was terminated as of February 28, 1997. Once Estades obtained a favorable appeal of her LTD denial on April 15, 1997, she was reinstated retroactively and with benefits.

We find that this sequence of events does not contain a discharge actionable under the ADEA. Neither do Estades's subsequent difficulties with AETNA, ultimately resulting in the termination of her long-term disability benefits, establish that Associates discharged her. Accordingly, we affirm the dismissal of Estades's ADEA claim, agreeing with the district court that she failed at the threshold to support the claim that she suffered an adverse employment action.