Diana Baker v. Southwest Energy Solutions

MEMORANDUM

Plaintiff Diana Baker appeals the district court’s grant of summary judgment for Defendants Southwest Energy Solutions, Inc., and Tucson Electric Power Company in this employment discrimination case. Reviewing de novo a grant of summary judgment, Johnson v. Poway Unified Sch. Dist., 658 F.3d 954 , 960 (9th Cir.2011), and for abuse of discretion the district court’s denial of Plaintiffs motion for reconsideration, Minn. Mut. Life Ins. Co. v. Ensley, 174 F.3d 977, 987 (9th Cir. 1999), we affirm.

1. The district court did not err in granting summary judgment for Defendants. Plaintiff pleaded four counts: a sex discrimination claim, a race discrimination claim, and two retaliation claims. She established a prima facie case of discrimination and retaliation with respect to the denial of overtime opportunities. Nilsson v. City of Mesa, 503 F.3d 947, 953-54 (9th Cir.2007); Fonseca v. Sysco Food Servs. of Ariz., Inc., 374 F.3d 840, 850 (9th Cir. 2004). Defendants, however, proffered a legitimate, non-discriminatory and non-retaliatory reason for offering overtime opportunities to a co-worker: He was more qualified for the job. Plaintiff concedes that he performed better when…