In a gender and age discrimination action by an employee of a university, summary judgment for defendants is affirmed in part where plaintiff failed to produce evidence of an express or implied contract to continue her employment. However, the order is reversed in part where: 1) in the circumstances here, a non-renewal of an employment contract itself was an adverse employment action and the district court erred in requiring plaintiff to show the existence of an unofficial tenured position to satisfy the adverse action requirement; and 2) the circumstances surrounding the non-renewal of her contract gave rise to an inference of age or gender discrimination.
Argued: February 27, 2009
Decided: October 23, 2009
Opinion by Judge Bianco
Wendy E. Tarlow, Nelson E. Roth, Valerie Cross Dorn and Norma W. Schwab, Cornell University, Ithaca, NY