Carmen

Carmen v. San Francisco Unified School District

Good Law
1 F. App'x 730
United States Court of Appeals for the Ninth CircuitJanuary 16, 2001No. 98-16555California508 words

Opinion

Lead Opinion

MEMORANDUM

Gwendolyn Carmen appeals the district court’s order granting summary judgment to her employer, San Francisco Unified School District. She claimed that the School District improperly discriminated against her on the basis of race and age, and that it violated a consent decree. Car *731 men also claimed that the school Board unlawfully retaliated against her because she made these complaints, and we deal with that issue separately, in a published opinion filed concurrently with this memorandum.

Carmen fails to produce specific and substantial evidence sufficient to allow a reasonable finder of fact to conclude that the reasons the School District proffers for hiring another teacher were either false or a pretext for discrimination. 3 Carmen does not dispute that Chan is a more qualified applicant for the position because she writes and speaks Cantonese and is actively pursuing her Chinese bilingual certification. Because Carmen failed to produce evidence beyond speculative testimony in her own affidavits supporting her claims, summary judgment on her Title VII claim was proper. 4 Similarly, Carmen’s ADEA claim must fail because she offers no evidence in support of her…

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