Salas v. Independent Electrical Contractors Inc.

MEMORANDUM

In this employment discrimination case, Salas appeals the district court’s decision to grant summary judgment to Independent Electrical Contractors, Inc. (“IEC”), and IES Commercial, Inc. (“IES”). We affirm the district court’s judgment.

1. Salas’s opening brief fails to comply with Federal Rule of Appellate Procedure 28(a)(8)(A) because its argument section omits citations to the record. See Alaskan Independence Party v. Alaska, 545 F.3d 1173, 1181 (9th Cir.2008). But appellees do not dispute the pertinent facts or claim that they have been prejudiced by the omission, and other sections of Salas’s opening brief — as well as his reply brief-do cite the record. We therefore exercise our discretion to reach the merits.

2. The district court properly granted summary judgment to IEC. Under Title VII, IEC is not a “joint labor-management committee” because IEC does not have a labor component. See 42 U.S.C. § 2000e-2(d); Eldredge v. Carpenters 46 N. Cal. Cntys. Joint Apprenticeship & Training Comm., 662 F.2d 534 , 535-36 (9th Cir.1981). Nor is it an employer under Title VII, the ADEA, or the WLAD because it has only five employees. See 42 U.S.C. § 2000e(b) (Title VII,…