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Jimmy M. Cozad v. Lloyd Bentsen, Secretary of the United States Department of Treasury

Citations: 48 F.3d 1231; 1995 U.S. App. LEXIS 18263; 1995 WL 93384Docket: 94-3271

Court: Court of Appeals for the Tenth Circuit; February 27, 1995; Federal Appellate Court

Narrative Opinion Summary

In a case involving allegations of age discrimination under the Age Discrimination in Employment Act (ADEA), a pro se plaintiff challenged the decision of the United States Department of Treasury for not hiring him as an Internal Revenue Agent. The district court granted summary judgment in favor of the defendant, a decision which was subsequently upheld by the Tenth Circuit Court of Appeals. The appellate court concluded that the plaintiff failed to produce sufficient evidence to demonstrate that the legitimate, non-discriminatory reasons provided for his non-hire were a pretext for age discrimination. The plaintiff's claims of procedural irregularities, denial of veteran's preference, and nepotism were deemed insufficient to establish discriminatory intent related to age. The court emphasized that proving pretext requires showing that the reasons for the adverse employment action were specifically motivated by age discrimination, which was not achieved in this case. Consequently, the summary judgment was affirmed, and the ruling was noted as non-binding precedent, with limitations on the citation of unpublished opinions.

Legal Issues Addressed

Burden of Proof in Establishing Pretext for Discrimination

Application: The plaintiff was required to show that the legitimate reasons for his non-hire were not only untrue but also motivated by discriminatory animus concerning his age, which he failed to do.

Reasoning: To establish pretext, Cozad needed to show that the reasons provided were not just irrational but were also specifically motivated by discriminatory animus relating to his age.

Non-Binding Nature of Unpublished Opinions

Application: The judgment was not considered binding precedent, except under certain doctrines, and the court disfavored the citation of such unpublished opinions.

Reasoning: The judgment is not binding precedent, except under certain doctrines, and the court disfavored the citation of unpublished opinions, although they may be cited under specific conditions outlined in a General Order.

Summary Judgment in Age Discrimination Claims

Application: The court granted summary judgment for the defendant due to the plaintiff's failure to present evidence that the reasons for non-hire were pretextual and motivated by age discrimination.

Reasoning: The Tenth Circuit Court of Appeals affirmed the district court's decision, indicating that summary judgment was appropriate because Cozad did not provide evidence to suggest that the legitimate reasons offered by the defendant were a pretext for age discrimination.