UPS

Rau v. United Parcel Service, Inc.

Good Law
605 F. App'x 683
United States Court of Appeals for the Ninth CircuitMay 27, 201513-35809California635 words

Opinion

Opinion

MEMORANDUM

Plaintiff-Appellant Sheila Rau appeals from the district court judgment dismiss ing her action against her former employer United Parcel Service (UPS). Rau argues that the district court erred in granting summary judgment for UPS because there are genuine issues of material fact with respect to her Title VII claim and her state law claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and, reviewing de novo, Hawn v. Executive Jet Mgmt, Inc., 615 F.3d 1151, 1155 (9th Cir.2010), we affirm.

We analyze Title VII claims through the burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), under which a plaintiff must first' establish a prima facie case by showing (1) that she is a member of a protected class; (2) that she was qualified for her position and performing her job satisfactorily; (3) that she experienced an adverse employment action; and (4) that similarly situated individuals outside her protected class were treated more favorably than she was treated. Hawn, 615 F.3d at 1156 .

The district court was correct to conclude that even when the facts are taken in the light most favorable to Rau, she has…

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