Mr. Barnett formerly worked at Athens as a construction department supervisor. In December 2009, Mr. Barnett reported Athens for discriminating against him based on his old age and because he is African-American. Three months after reporting the alleged discrimination, Mr. Barnett was terminated from his position at Athens. Subsequently, he filed a lawsuit alleging Athens retaliated against him for reporting the discrimination by giving him written reprimands and a negative performance review that ultimately led to his termination.
A federal district court ruled against Mr. Barnett, and the Eleventh Circuit Court of Appeals agreed by holding Mr. Barnett’s claims were based on speculation and he failed to show he had suffered discrimination or an adverse employment action for reporting the alleged discrimination, which is required for a retaliation case. The appeals court stated in its opinion, “The written reprimands and negative performance review had no effect on Mr. Barnett’s employment.”
Mr. Barnett filed a writ of certiorari, asking the U.S. Supreme Court to hear his case because he claimed the written warnings and negative performance reviews did constitute an adverse employment action. On May 19, the Supreme Court declined to review the case.
More Articles on Healthcare Lawsuits:
$89M Judgment Entered Against Florida Oncologist in False Claims Act Case
Former WellCare CEO Gets 3 Years in Prison For Healthcare Fraud
3 Largest Whistle-Blower Payments in False Claims Act Cases in 2014
At the Becker's 11th Annual IT + Revenue Cycle Conference: The Future of AI & Digital Health, taking place September 14–17 in Chicago, healthcare executives and digital leaders from across the country will come together to explore how AI, interoperability, cybersecurity, and revenue cycle innovation are transforming care delivery, strengthening financial performance, and driving the next era of digital health. Apply for complimentary registration now.