ADEA Pretext: Disagreement with Performance Assessments Does Not Alone Undermine an Employer’s Honest Belief

Case: Feldkamp v. University of Kansas Hospital Authority, No. 25-3185
Court: United States Court of Appeals for the Tenth Circuit
Date: October 20, 2026
Disposition: District court’s judgment affirmed.

Precedential status: This order and judgment applies existing law rather than establishing a new binding rule. It is nonprecedential except under the doctrines of law of the case, res judicata, and collateral estoppel, but may be cited for its persuasive value under the applicable appellate rules.

1. Introduction

The central question in this age-discrimination appeal was whether an employee’s disagreement with the reasons given for his dismissal supplied sufficient evidence that those reasons concealed unlawful discrimination. The Tenth Circuit concluded that it did not: the evidence failed to create a genuine dispute about whether the employer honestly relied on its stated performance and management concerns.

Michael Feldkamp worked for the University of Kansas Hospital Authority (KUHA) from 1991 until February 6, 2023. At termination, he was 63 and served as Nuclear Cardiology Director. His supervisor was Becky Captain, Director of Cardiovascular Clinical Practice. Barbara MacArthur, Vice President of Cardiac Services, ultimately decided to terminate his employment.

The dismissal followed several developments:

  • The Joint Commission reported outdated departmental protocols and policies.
  • Supervisors learned that Feldkamp allegedly had not followed internal procedures for addressing a malfunctioning nuclear camera.
  • Employees within and outside his department complained to human resources about his behavior.
  • An investigation produced allegations of disrespectful conduct, communication problems, and management deficiencies, concerns also reflected in his latest performance evaluation.

Human resources subsequently met with Feldkamp to discuss the investigation, unresolved performance concerns, and his questioning of staff about their human-resources interviews. He was placed on administrative leave. Approximately one month later, MacArthur determined that continued employment was untenable because of his failure to follow internal procedures, poor communication and management skills, and treatment of employees.

Feldkamp sued under the Age Discrimination in Employment Act of 1967 (ADEA) and asserted a state-law wrongful-termination claim. The district court entered summary judgment for KUHA on the federal claim and declined supplemental jurisdiction over the state claim. Only the federal discrimination ruling was contested on appeal.

2. Summary of the Opinion

The Tenth Circuit affirmed because Feldkamp did not produce evidence permitting a reasonable factfinder to conclude that KUHA’s explanations were pretextual.

The district court had already determined that Feldkamp established a preliminary case of age discrimination and that KUHA supplied legitimate, nondiscriminatory reasons for dismissal. The appellate dispute therefore concerned only the final stage of the burden-shifting analysis: whether those explanations were a cover for discrimination.

The court rejected five principal arguments:

  1. His explanation of the camera problems did not show compliance with the hospital’s equipment procedures or undermine MacArthur’s understanding of his noncompliance.
  2. His assertion that the outdated protocols concerned another department did not refute MacArthur’s reliance on the Joint Commission’s findings.
  3. His competing account of employee complaints did not undermine MacArthur’s assessment, and his allegation that Captain encouraged complaints lacked record support.
  4. KUHA’s failure to use a progressive improvement plan (PIP) did not establish pretext because such plans were discretionary and he identified no similarly situated employees who received one.
  5. The alleged remark about replacing “older managers” lacked adequate evidentiary support, temporal connection, and linkage to the termination decision.

The court did not decide the merits of the state-law claim. Feldkamp did not challenge the district court’s refusal to exercise supplemental jurisdiction over it.

3. Analysis

A. Precedents Cited and Their Influence

BNSF Ry. Co. v. Hiett, 22 F.4th 1190, 1193 (10th Cir. 2022)

This decision supplied the standard of appellate review. The court reviewed summary judgment de novo, applying the same standard as the district court and viewing the evidence in the light most favorable to Feldkamp. Under Federal Rule of Civil Procedure 56(a), judgment without trial was appropriate only if no genuine dispute of material fact existed and KUHA was entitled to judgment as a matter of law.

This standard matters because the appellate court was not simply deferring to the district court. It independently assessed whether the record could support a reasonable finding of pretext. Nevertheless, favorable treatment of the evidence did not require accepting unsupported assertions as established facts.

McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802–804 (1973)

This case supplied the three-stage framework for evaluating Feldkamp’s claim in the absence of direct evidence. The plaintiff first establishes a prima facie case; the employer then provides a legitimate, nondiscriminatory explanation; and the plaintiff must demonstrate pretext.

The framework organized the entire appeal. Because only the third stage remained disputed, the court did not revisit whether Feldkamp had established the preliminary elements of his claim. Instead, it examined whether the evidence could discredit KUHA’s explanations sufficiently to permit the case to proceed to trial.

Markley v. U.S. Bank Nat'l Ass'n, 59 F.4th 1072, 1081 (10th Cir. 2023)

The court cited this decision alongside McDonnell Douglas Corp. v. Green to support using the burden-shifting framework for Feldkamp’s ADEA claim. Its role was to connect that framework to the governing circuit approach to age-discrimination claims supported by circumstantial rather than direct evidence.

The citation also underscores an important distinction: lacking direct evidence does not itself defeat an ADEA claim. Feldkamp’s difficulty was the insufficiency of his evidence at the pretext stage, not the mere absence of an explicit discriminatory admission.

Hinds v. Sprint/United Mgmt. Co., 523 F.3d 1187, 1195 (10th Cir. 2008)

This authority supplied the sequence of burdens: the employee’s initial showing, the employer’s legitimate explanation, and the employee’s response demonstrating pretext. It explains why KUHA’s articulation of performance-based reasons did not automatically end the case, but required Feldkamp to produce evidence undermining those reasons.

Equally, satisfying the prima facie stage did not amount to a finding that discrimination occurred. The court treated that stage as preliminary and concentrated on whether Feldkamp’s later evidentiary showing was sufficient.

Macon v. United Parcel Serv., Inc., 743 F.3d 708, 714 (10th Cir. 2014)

This was the opinion’s principal authority on pretext. It identified weaknesses, implausibilities, inconsistencies, incoherencies, and contradictions in an employer’s explanation as potential grounds for finding pretext. It also described three typical evidentiary routes:

  • Showing that the stated reason was false;
  • Showing a departure from an applicable written policy; or
  • Showing a departure from an unwritten policy or established practice.

Most importantly, the decision supplied the honest-belief inquiry: the question is not whether the employer’s reasons were wise, fair, or correct, but whether it honestly believed them and acted on them in good faith.

That distinction shaped the court’s treatment of nearly every argument. Feldkamp offered alternative explanations of the underlying events, but the court found that he did not adequately undermine MacArthur’s actual reliance on the information before her. The policy-deviation routes likewise failed because he established neither a mandatory PIP requirement nor a relevant contrary practice involving similarly situated employees.

Mauldin v. Driscoll, 136 F.4th 984, 997 (10th Cir. 2025)

This decision supplied the proposition that isolated or ambiguous comments are too abstract to support a finding of discrimination. It informed the treatment of Captain’s alleged statement about replacing older managers.

The court did not evaluate a clearly established, contemporaneous statement by the terminating official. Instead, Feldkamp’s declaration characterized the matter as rumors, he supplied no adequate temporal connection, and Captain was not the ultimate decisionmaker. Those deficiencies prevented the alleged comment, standing alone, from establishing pretext.

B. Legal Reasoning

The statutory question and the limited appellate issue

The ADEA makes it unlawful to discharge an individual “because of such individual’s age,” 29 U.S.C. § 623(a)(1). The appeal therefore concerned discriminatory motivation, not merely whether Feldkamp’s dismissal was harsh or the employer’s factual assessment was debatable.

With the first two burden-shifting stages resolved, the decisive question was whether a reasonable factfinder could regard KUHA’s explanations as unworthy of belief. The court concluded that Feldkamp’s submissions did not cross that evidentiary threshold.

The distinction between an employee’s explanation and evidence of pretext

Feldkamp stated that adjustments to the nuclear camera involved software rather than hardware, posed no patient-safety risk, and were regularly reported by email to Captain and MacArthur. Those assertions addressed the nature of the technical work and his communications. They did not establish that he followed the hospital’s procedures for malfunctioning equipment.

The distinction was consequential: a defense against one criticism does not necessarily answer the employer’s actual stated concern. Even if Feldkamp’s technical explanation were accepted, the procedural-compliance rationale remained insufficiently challenged.

The same reasoning applied to the Joint Commission findings. Feldkamp maintained that the outdated protocols belonged to a department outside his supervision. The court did not resolve that allocation of responsibility as an independent factual question. It held that the argument, as presented, failed to undermine MacArthur’s reliance on the findings.

The decisionmaker’s understanding was central, but not categorically immune from challenge

MacArthur’s role as the terminating official made her understanding of the investigation and performance concerns central to the analysis. Feldkamp’s opposing account of employee complaints did not, in the court’s view, establish that her reliance was dishonest or in bad faith. His assertion that Captain encouraged complaints also lacked supporting record evidence.

This reasoning should not be overstated. The opinion does not hold that inaccurate allegations can never establish pretext or that supervisor bias is irrelevant whenever someone else makes the final decision. Evidence of knowing falsity, manipulation, or a demonstrated connection between bias and the decision could bear on honest belief. The deficiency here was the absence of adequate evidence establishing such a connection.

Discretionary improvement plans did not create a right to progressive discipline

The PIP argument implicated the distinction between an available management option and a required employment practice. Feldkamp knew that KUHA had used improvement plans, but did not establish that its policies required one in his circumstances.

Nor did he identify similarly situated employees who received such plans. General knowledge that other employees had received a PIP was therefore insufficient to demonstrate inconsistent treatment. The holding is record-specific: the court did not declare that departures from improvement procedures can never support pretext.

The age-related remark lacked a sufficient evidentiary bridge

The alleged desire to replace “older managers” was the argument most directly connected to age. Nevertheless, the court identified several gaps: no adequate proof that Captain directly made the statement, no established temporal proximity to discharge, and no showing that she was the termination decisionmaker.

These shortcomings prevented the remark from connecting alleged age bias to MacArthur’s decision. The opinion thus distinguishes potentially discriminatory language from evidence sufficiently grounded and connected to the challenged employment action.

The combined evidence remained insufficient

Feldkamp also argued that KUHA’s policies, practices, and decision-making patterns collectively supported an inference of pretext. The court rejected that contention because he did not identify record evidence supporting the asserted pattern. Combining several inadequately supported assertions did not supply the missing factual foundation.

C. Potential Impact

For employees: The decision illustrates the importance of connecting evidence to the employer’s actual explanation. Records showing compliance, contradictory accounts, mandatory policy departures, relevant comparators, or a demonstrated link between biased remarks and the decision may be more probative than a general assertion that the dismissal was unjustified.

For employers: The opinion illustrates the significance of documented concerns, an investigation, and an identifiable decisionmaker’s stated reasons. It does not create blanket protection for investigations or subjective assessments. Evidence that those explanations were fabricated, inconsistently applied, or not honestly held could materially change the analysis.

For future litigation: The decision offers persuasive guidance on distinguishing disputes about performance from disputes about discriminatory motivation. Its PIP analysis also shows why plaintiffs relying on inconsistent discipline should identify the relevant policy or practice and meaningful comparators.

Limits on broader significance: This is a fact-specific, nonprecedential application of established doctrine. It creates no categorical rule insulating discretionary discipline, dismissing supervisor remarks, or excluding evidence that an employer’s factual assessment was wrong.

4. Complex Concepts Simplified

Summary judgment
A decision without trial when the evidence presents no genuine dispute about facts that could affect the outcome under the governing law.
De novo review
The appellate court independently applies the governing legal standard rather than deferring to the district court’s conclusion.
Prima facie case
The employee’s initial, preliminary showing that requires the employer to explain the challenged action. It is not a final finding of discrimination.
Pretext
An explanation offered as the reason for an action that conceals the actual reason. Here, the issue was whether the stated performance concerns concealed age discrimination.
Honest belief
The principle that an employer’s mistaken assessment does not necessarily establish discrimination. The relevant inquiry examines whether the employer genuinely relied on its explanation in good faith.
Similarly situated employees
Employees sufficiently comparable in relevant circumstances for differences in treatment to be meaningful. The opinion did not establish a detailed comparator test.
Temporal proximity and nexus
Temporal proximity concerns closeness in time; nexus concerns a meaningful connection. Both were missing from Feldkamp’s presentation of the alleged age-related remark.
Supplemental jurisdiction
A federal court’s authority to hear related state-law claims. Declining that authority is different from deciding the state claim’s merits.
Nonprecedential status and preclusion
The order does not bind future courts as generally applicable precedent. Its stated exceptions concern the effect of prior rulings within the same litigation or on later attempts to relitigate claims or issues.

5. Conclusion

Feldkamp v. University of Kansas Hospital Authority reinforces a practical distinction in ADEA litigation: disagreement with an employer’s performance assessment is not, without more, evidence that its explanation conceals age discrimination.

The decisive shortcomings were evidentiary. Feldkamp did not sufficiently undermine the decisionmaker’s honest reliance on the reported concerns, establish a required improvement procedure or relevant comparator, or connect the alleged age-related remark to his termination. The judgment therefore stands as a persuasive application of existing pretext doctrine—not a new binding rule restricting age-discrimination claims.