Lynn Bleeker v. Tom Vilsack

MEMORANDUM

Lynn Bleeker — formerly an employee of the United States Forest Service, an agency within the United States Department of Agriculture (“USDA”) — appeals the district court’s grant of summary judgment to the Secretary of Agriculture on two claims for retaliation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). 42 U.S.C. § 2000e, et seq. We have juris diction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s grant of summary judgment, Ray v. Henderson, 217 F.3d 1234, 1239-40 (9th Cir.2000), and may affirm the decision on any ground supported by the record, Tahoe-Sieira Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 322 F.3d 1064, 1076-77 (9th Cir.2003).

To establish a prima facie case of retaliation under Title VII, Bleeker must show that: (1) she engaged in an activity protected by Title VII; (2) her employer subjected her to an adverse employment action; and (3) a causal link exists between the protected activity and the adverse employment action. Thomas v. City of Beaverton, 379 F.3d 802, 811 (9th Cir.2004).

There is no dispute that Bleeker engaged in activity protected under Title VII. Bleeker has…