Anna Swan v. Bank of America

MEMORANDUM

Anna Vallee Swan, a former employee of Bank of America (“BOA”), appeals an order granting summary judgment in BOA’s favor, disposing of her discrimination, retaliation, and slander claims. Swan contends that the district court erred in holding that Swan failed to: (i) establish a prima facie case of discrimination under the Age Discrimination in Employment Act (“ADEA”), (ii) establish that BOA’s justification for her termination was pretext for discriminatory animus, (iii) timely file her Nevada discrimination claims, (iv) establish a claim under the Family and Medical Leave Act (“FMLA”), and (v) establish a claim for slander under Nevada law. We affirm.

I. STANDARD OF REVIEW

This court reviews de novo a district court’s grant of summary judgment. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). Summary judgment is inappropriate if reasonable jurors, drawing all inferences in favor of the nonmoving party, could return a verdict in the nonmoving party’s favor. United States v. Shumway, 199 F.3d 1093, 1103-04 (9th Cir.1999).

II. DISCUSSION

A. Swan’s ADEA Discrimination Claim

The district court properly concluded that Swan’s ADEA discrimination claim lacked merit.…