Mary Matson v. United Parcel Service Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARY MATSON, No. 13-36174 Plaintiff-Appellant, D.C. No. v. 2:10-cv-01528-RAJ

UNITED PARCEL SERVICE, INC.,

Defendant-Appellee. OPINION

Appeal from the United States District Court for the Western District of Washington Richard A. Jones, District Judge, Presiding

Argued and Submitted May 3, 2016 Seattle, Washington

Filed November 4, 2016

Before: Susan P. Graber, Marsha S. Berzon, and Mary H. Murguia, Circuit Judges.

Opinion by Judge Berzon SUMMARY*

Labor Law / Preemption

The panel reversed the district court’s preemption ruling; held that the district court erred in holding that an employee’s state law gender-based hostile work environmental claim was preempted under § 301 of the Labor Management Relations Act (LMRA); reinstated the jury verdict from the first trial in favor of the employee; and remanded.

The panel noted the two-part test used to determine whether a state law claim is preempted under § 301 of the LMRA. At the first step, the court asks “whether a particular right inheres in state law or, instead, is…