June Heston v. Norwich University

Summary

The Vermont Superior Court, Civil Division, grants Norwich University’s motion for summary judgment in June Heston’s remaining age-discrimination claim under Vermont’s Fair Employment Practices Act. The court holds that Heston established a minimal prima facie case but failed to present sufficient evidence that Norwich’s stated reason for hiring another candidate was pretextual. The court also concludes that Heston withdrew her gender-discrimination claim and did not oppose summary judgment on her retaliation claim.

Holdings

1. Heston's express withdrawal of the gender-discrimination claim and failure to oppose summary judgment on the retaliation claim effectively waived those claims, so summary judgment was proper on both.
2. FEPA disparate-treatment claims may be analyzed under the McDonnell Douglas burden-shifting framework when presented as single-motive claims.
3. Heston met the minimal threshold required to establish a prima facie case of age discrimination and trigger Norwich's burden to produce a legitimate, nondiscriminatory reason.
4. Norwich was entitled to summary judgment because Heston did not produce evidence sufficient for a reasonable factfinder to conclude that Norwich's stated reason for hiring another candidate was pretext for age discrimination; an inference of discrimination would require impermissible speculation.

Questions Presented

1. Whether Heston presented sufficient evidence under the McDonnell Douglas framework to create a genuine dispute that Norwich's stated nondiscriminatory reason for hiring another candidate was pretext for age discrimination under FEPA.
2. Whether the evidence of age-related comments by interview participants and written interview summaries permitted a reasonable factfinder to infer discriminatory animus rather than requiring impermissible speculation.
3. Whether Heston's gender-discrimination and retaliation claims were waived or abandoned when she withdrew the gender claim and did not oppose summary judgment on retaliation.

Disposition

dismissed