Summary
affirming summary judgment for the employer because the employee failed to show that "he was replaced by a younger individual or treated differently than a similarly situated person"
Summary of this case from Babb v. McDonaldOpinion
No. 08-16046.
July 30, 2009.
Bankole O. Ogunbamise, Mableton, GA, pro se.
Charles L. Bachman, Jr., Seyfarth Shaw LLP, Atlanta, GA, for Defendant-Appellee.
Appeal from the United States District Court for the Northern District of Georgia. D.C. Docket No. 07-02004 CV-WSD-1.
Appellant Bankole Ogunbamise, pro se, appeals the district court's grant of summary judgment to Ogunbamise's former employer, WellStar Health System, Inc. ("WellStar"), in his age discrimination and retaliation suit, filed pursuant to the Age Discrimination and Employment Act, 29 U.S.C. § 623(a)(1), (d) ("ADEA").
We review a court's grant of summary judgment de novo. Cofield v. Goldkist, Inc., 267 F.3d 1264, 1267 (11th Cir. 2001).
After reviewing the record, reading the parties' briefs, and having the benefit of oral argument, we first conclude that the district court properly granted summary judgment on Ogunbamise's ADEA claim because Ogunbamise did not establish that he was replaced by a younger individual or treated differently than a similarly situated person.
As to Ogunbamise's retaliation claim, we conclude from the record that the district court properly found that Ogunbamise failed to present a prima facie case of retaliation because he failed to show a causal connection between his protected activity and the alleged adverse employment actions he suffered. Accordingly, we affirm the district court's grant of summary judgment in favor of WellStar.