Tammy You v. Longs Drug Stores California

MEMORANDUM

Tammy P. You (“Tammy” ) appeals from the district court’s summary judgment and award of costs in her employment discrimination action against her former employer Longs Drug Stores California LLC and former supervisor Thomas McKeown (together “Defendants”).

Tammy brought claims of unlawful discrimination on the basis of her race, ancestry, national origin, sex, age, and perceived disability, as well as for retaliation and intentional infliction of emotional distress. The district court held that Tammy had failed to exhaust her administrative remedies for her claims based on the incidents (including her termination) that were not included in an administrative complaint Tammy had filed with the Equal Employment Opportunity Commission and the Hawaii Civil Rights Commission several months earlier. The court next held that Tammy had failed to establish a prima face case on her remaining claims. The court also awarded costs to Defendants, as the prevailing parties.

We have jurisdiction under 28 U.S.C. § 1291 . We review the grant of summ'ary judgment de novo, Hawn v. Exec. Jet Mgmt., Inc., 615 F.3d 1151, 1155 (9th Cir.2010), and the award of costs for an abuse of…