Donna Bradley v. Caremark Rx LLC

Good Law
586 F. App'x 380
United States Court of Appeals for the Ninth CircuitDecember 4, 201413-15677California266 words

Opinion

Opinion

MEMORANDUM

Donna Lynn Bradley appeals pro se from the district court’s summary judgment in her employment action alleging age and sex discrimination, and retaliation, in connection with her termination. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hawn v. Exec. Jet Mgmt., Inc., 615 F.3d 1151, 1155 (9th Cir.2010). We affirm.

The district court properly granted summary judgment on Bradley’s age discrimination claim because Bradley failed to raise a genuine dispute of material fact as to whether she was performing her job satisfactorily, or whether she was replaced by a substantially younger employee with equal or inferior qualifications. See Sheppard v. David Evans & Assocs., 694 F.3d 1045, 1049 (9th Cir.2012) (setting forth elements of prima facie case of discrimination under the Age Discrimination in Employment Act).

The district court properly granted summary judgment on Bradley’s sex discrimination claim because Bradley failed to raise a triable dispute as to whether she was qualified for the job, or whether similarly situated men were treated more favorably. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1062 (9th Cir.2002) (setting forth…

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