context: Dunbar is distinguishable because in that case there was no evidence that the plaintiff was not qualified to continue holding her position. Because plaintiff has failed to present any evidence from which a reasonable fact finder could conclude that he was qualified to continue serving as police chief when Hale was removed from office on October 1, 2004, plaintiff has failed to establish a prima facie element of a Title VII retaliation claim.
citation_a.signal: see also
citation_a.parenthetical: "a plaintiff challenging his termination or demotion can ordinarily establish a pri-ma facie case of age discrimination by showing that he continued to possess the necessary qualifications for his job at the time of the adverse action" and noting that "[b]y this we mean that plaintiff had not suffered physical disability or loss of a necessary professional license or some other occurrence that rendered him unfit for the position for which he was hired"
citation_a.sentence: See also Bienkowski, 851 F.2d at 1506 & n. 3 (“a plaintiff challenging his termination or demotion can ordinarily establish a pri-ma facie case of age discrimination by showing that he continued to possess the necessary qualifications for his job at the time of the adverse action” and noting that “[b]y this we mean that plaintiff had not suffered physical disability or loss of a necessary professional license or some other occurrence that rendered him unfit for the position for which he was hired”); Bynum, 41 F.Supp.2d at 653 (holding that plaintiffs decertification by the Army that rendered him unqualified to continue serving as a JROTC teacher precluded him from establishing prima facie case of discrimination).
citation_b.signal: see
citation_b.identifier: 255 F.3d 260, 260
citation_b.parenthetical: qualification a prima facie element of an ADEA retaliation claim
citation_b.sentence: See Holtzclaw, 255 F.3d at 260 (qualification a prima facie element of an ADEA retaliation claim); Hernandez v. Crawford Building Material Co., 321 F.3d 528, 531 & n. 1 (5th Cir.), cert. denied, 540 U.S. 817, 124 S.Ct. 82, 157 L.Ed.2d 34 (2003) (retaliation claims are analyzed the same under Title VII and the ADEA).