Wendy Traver v. Tucson Unified School District

Good Law
376 F. App'x 799
United States Court of Appeals for the Ninth CircuitApril 20, 201008-15707California355 words

Opinion

Opinion

MEMORANDUM

Wendy Traver appeals pro se from the district court’s summary judgment in favor of the Tucson Unified School District in her employment action alleging retaliation in violation of Title VII, the Equal Pay Act (“EPA”), and the First Amendment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2003), and we affirm.

The district court properly granted summary judgment on the Title VII and EPA claims because Traver’s request for additional pay was not a protected activity under either statute. See 42 U.S.C. §§ 2000e-2, -3 (prohibiting retaliation for opposing employment discrimination on the basis of race, color, religion, sex or national origin); 29 U.S.C. §§ 206 (d), 215(a)(3) (prohibiting retaliation for complaints regarding unlawful pay practices such as paying different wages to employees on the basis of sex); Lambert v. Ackerley, 180 F.3d 997, 1007 (9th Cir.1999) (en banc) (“[N]ot all amorphous expressions of discontent related to wages and hours constitute complaints filed within the meaning of § 215(a)(3).”).

Similarly, the district court properly granted summary judgment on the First…

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