Jenkins

Jenkins v. Babbitt

Good Law
2 F. App'x 816
United States Court of Appeals for the Ninth CircuitJanuary 24, 2001No. 99-16720California323 words

Opinion

Lead Opinion

MEMORANDUM

Willard Jenkins, Sr. appeals pro se the district court’s entry of judgment for the Secretary of the Department of Interior (“Secretary”) following a bench trial in his employment discrimination action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and the Age Discrimination in Employment Act, 29 U.S.C. § 623 (“ADEA”). 3 We have jurisdiction *817 pursuant to 28 U.S.C. § 1291 , and we affirm.

We review for clear error a judge’s findings of fact in a bench trial. See FDIC v. Craft, 157 F.3d 697, 701 (9th Cir.1998). Because Jenkins failed to rebut the Secretary’s evidence of a legitimate, nondiscriminatory reason for its hiring decision, the district court properly found in favor of the Secretary on the disparate treatment and age discrimination claims. See Pejic v. Hughes Helicopters, Inc., 840 F.2d 667, 672-74 (9th Cir.1988). Because Jenkins failed to present evidence of a policy or pattern of discriminatory hiring, the district court did not err by rendering judgment in favor of the Secretary on the disparate impact claims. See Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 650 , 109 S.Ct. 2115 , 104 L.Ed.2d 733 (1989).

Jenkins’ remaining…

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