PER CURIAM:
Patricia Mascone appeals the district court's order granting summary judgment to American Physical Society, Inc. ("APS"), and the court's order denying reconsideration of her claims alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, and striking portions of an affidavit she submitted in opposition to summary judgment. We review the district court's order granting summary judgment de novo.
First, Mascone contends that the district court erred by granting summary judgment to APS on the wrongful termination claim. A plaintiff can defeat summary judgment by either of two avenues: (a) through direct or circumstantial evidence that sex discrimination motivated the decision to terminate her, or (b) through the burden-shifting scheme established in
Because Mascone has failed to demonstrate, through either direct or circumstantial evidence, that her employer used a forbidden consideration with respect to any employment practice, her attempts to defeat summary judgment through the first avenue of proof fail. In order for Mascone to succeed on her wrongful termination claim under the burden-shifting scheme set forth in
Assuming arguendo that Mascone established a prima facie case, she failed to show that APS' proffered reasons for her dismissal were pretextual. Dr. Alan Chodos hired Mascone to serve as APS' Special Publications manager. Chodos extended Mascone's probationary period due to her numerous performance deficiencies, chief among them her inability to manage her staff effectively and her poor work product and time management. When Chodos terminated Mascone, the rationale for the dismissal was consistent with the deficiencies supporting the extension of her probation. Mascone simply failed to proffer sufficient evidence to suggest that APS' reasons for terminating her were pretextual.
Although Mascone suggests that Chodos did not support her in handling difficult employees, Chodos permitted her to include written disciplinary reports in two employees' records, and both employees resigned, in part, because they felt Chodos and Joseph Ignacio, the Director of Human Resources, always sided with Mascone. Mascone also points to an alleged statement from Dr. Judith Franz, APS' Executive Officer, that she (Mascone) needed to be more calm, sensitive, and feminine in her management style. However, that remark alone is insufficient to establish pretext.
Next, Mascone argues that the district court erred in rejecting her pre-termination, gender-based disparate treatment claim. Her claim centered on the contention that she was treated differently than Dr. Theodore Hodapp, a co-worker. Our review of the record leads us to conclude that the district court correctly found Mascone could not establish a prima facie case because Mascone and Dr. Theodore Hodapp were not similarly situated.
Mascone also challenges the district court's grant of summary judgment on her mixed-motive claim. To prove a mixed-motive claim under Title VII, Mascone must show that gender was a motivating factor in her termination.
Mascone next asserts that the district court erred in granting summary judgment on her retaliation claim. Essentially, Mascone contends that she was given negative references in retaliation for engaging in protected activity. Mascone's claim centered upon the statements that Ignacio and Chodos gave to Global Verification Services ("GVS"), a company Mascone hired to contact APS pretending to be a potential employer. In order to establish a prima facie case of retaliation, a plaintiff must show that: (1) she engaged in a protected activity; (2) the employer took a materially adverse action against her; and (3) there is a causal connection between the protected activity and the adverse action.
With this standard in mind, we conclude that the district court properly granted summary judgment on Mascone's retaliation claim. Ignacio provided only neutral information in response to the GVS inquiry and, while Chodos disclosed the reasons that APS terminated Mascone, his comments were truthful.
Finally, Mascone contends that the district court improperly granted the motion to strike portions of her voluminous affidavit. We consistently have enforced the requirements set forth in Fed. R. Civ. P. 56(e), and affirmed a district court's ability to strike affidavits that do not comply with that rule.
Accordingly, we affirm the district court's orders granting summary judgment and denying reconsideration. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.