Jane Daly v. Cecil Andrus, Individually and as the Governor of the State of Idaho Department of Employment, for the State of Idaho

57 F.3d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jane DALY, Plaintiff-Appellant, v. Cecil ANDRUS, Individually and as the Governor of the State of Idaho; Department of Employment, for the State of Idaho, Defendants-Appellees. No. 94-35542. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1995. Decided June 14, 1995. 1 Before: BROWNING, WRIGHT, and T.G. NELSON, Circuit Judges 2 MEMORANDUM * 3 * Assuming Daly established a prima facie case, she did not carry her burden of demonstrating that "a rational trier of fact could, on all the evidence, find that the employer's action was taken for impermissibly discriminatory reasons." Wallis v. J.R. Simplot Co., 26 F.3d 885, 889 (9th Cir.1994). 4 Defendants explained that the Governor viewed Kilgrow and Daly as a management team, and his decision to change the direction of management at the Department therefore required the termination of both. Daly failed to present "specific, substantial…