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No. 14-1229
LISA L. HARTMAN,
Plaintiff Appellant,
v.
UNIVERSITY OF MARYLAND AT BALTIMORE,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:10-cv-02041-JFM)
Submitted:
Decided:
PER CURIAM:
Lisa
L.
Hartman
appeals
from
the
district
courts
other
claims,
including
separate
claim
of
age
Hartman
discretion
in
argues
that
exercising
the
district
supplemental
court
jurisdiction
abused
its
over
her
state law age discrimination claim, made under the Maryland Fair
Employment
Practices
Act,
Md.
Code
Ann.,
State
Govt
20-
606(a)(1)(i) (FEPA).
claim,
court
the
district
did
not
ascertain
the
applicable
She further
Halpern v.
Wake Forest Univ. Health Scis., 669 F.3d 454, 460 (4th Cir.
2012).
genuine
Summary
dispute
judgment
as
to
any
is
appropriate
material
fact
when
and
there
the
is
no
movant
is
Fed. R. Civ. P.
A district
does
mere
scintilla
F.3d
645,
649
(4th
of
evidence
in
support
of
[the
2002)
(internal
quotation
marks
omitted).
The
district
court
properly
exercised
jurisdiction
over
state
law
claims
that
are
so
related
to
28 U.S.C. 1367(a).
The
145
F.3d
marks omitted).
660,
662
(4th
Cir.
1998)
(internal
quotation
contends
that
under
Maryland
law,
the
court
could
district
courts
exercise
of
discretion
as
to
Here, the
federal and state claims were the subject of the same summary
judgment motion filed by the UMB, and they were decided at the
same
time
in
the
district
court
judicial
economy
same
opinion
correctly
outweighed
by
concluded
any
the
district
that
concerns
court.
considerations
about
comity,
The
of
and
bound
to
following
federal
4
case
law
construing
application
of
authority.
the
ADEA,
including
relevant
Supreme
Court
the
court
should
have
applied
Hartman contends
mixed-motive
theory
to
prove her case and that the court did not do so because it is
prohibited
by
federal
law.
See
Gross,
557
U.S.
at
175-78
action
age.
against
29
U.S.C.
an
employee
623(a)(1).
because
of
Similarly,
it
the
is
hire,
discharge,
or
otherwise
discriminate
against
any
Md. Code Ann., State Govt 20-606(a)(1); see also Md. Code
Ann., State Govt 20-601(d)(2) (defining employer to include
the State).
pursuant
to
the
ADEA
must
prove
that
age
was
not
merely
see Univ. of Tex. Sw. Med. Ctr. v. Nassar, 133 S. Ct. 2517, 2523
(2013) (reaffirming Gross).
present
direct
motivation
or
evidence
proceed
the
employers
under
the
familiar
impermissible
burden-shifting
792,
802-07
(1973).
See
Reeves v.
Sanderson
Plumbing
Prods., Inc., 530 U.S. 133, 142 (2000) (assuming that McDonnell
Douglas
burden-shifting
framework
applies
to
ADEA
claims);
Mereish v. Walker, 359 F.3d 330, 334 (4th Cir. 2004) (applying
McDonnell Douglas framework to ADEA claims).
direct
evidence
of
traditionally
held
parties
engage
must
discrimination,
that
in
in
Maryland
employment
the
. .
In the absence of
Courts
have
discrimination
actions,
burden-shifting
paradigm
prevail
under
the
burden-shifting
framework,
of
the
adverse
employment
action;
and
(4)
the
position
we
conclude
that
the
district
court
did
not
err
in