Diana Mendez v. Patrick R. Donahoe

MEMORANDUM

Diana Mendez (Mendez) appeals the district court’s grant of summary judgment in favor of Defendant Patrick R. Donahoe.

The district court correctly determined that Mendez failed to raise a material issue of fact on her disparate treatment claim or on her retaliation claim. As the district court noted, Mendez failed to identify any similarly situated employee who engaged in a pattern of similar insubordinate conduct and was not terminated. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1062 (9th Cir.2002) (articulating the standard for reviewing the grant of summary judgment on a discrimination claim). She also failed to establish a causal link between the protected activity of filing a complaint with the Equal Employment Opportunity Commission and the adverse action. See Hardage v. CBS Broad., Inc., 427 F.3d 1177 , 1188-89 (9th Cir.2005). Even if Mendez had established a prima facie case on either claim, she failed to establish that the stated reasons for her termination were pretextual. See Villiarimo, 281 F.3d at 1062-63 .

Viewing the evidence in the light most favorable to Mendez, we conclude that the district court properly granted summary judgment.…