Rosemary Garity v. Apwu National Labor Org.

MEMORANDUM

Plaintiff Rosemary Garity brought an action against the American Postal Workers Union (“APWU”), the union that represented Garity in her role as a clerk for the United States Postal Service, pleading claims for hostile work environment under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., negligent retention and intentional infliction of emotional distress-under Nevada state tort law, and federal claims under 42 U.S.C. §§ 1985 and 1986. The district court dismissed these claims with prejudice, and Garity now appeals. Because the facts and' proceedings are known to the parties, we discuss them here only as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court properly dismissed Garity’s hostile work environment claim under the ADA. Assuming without deciding that such a claim exists in this circuit, see Brown v. City of Tucson, 336 F.3d 1181, 1190 (9th Cir. 2003), and that we would apply Title VII law to analyze it, see, e.g., Walsh v. Nev. Dep’t of Human Res., 471 F.3d 1033, 1038 (9th Cir. 2006), Garity has not pleaded sufficient facts to suggest that a “reasonable person would And…