Hedgepeth v. Kaiser Foundation Health Plan of the Northwest

76 F.3d 386 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marilyn HEDGEPETH, Plaintiff-Appellant, v. KAISER FOUNDATION HEALTH PLAN OF THE NORTHWEST, an Oregon non-profit corporation; Kaiser Foundation Hospitals, a California non-profit corporation, Defendants-Appellees. No. 94-36003. United States Court of Appeals, Ninth Circuit. Submitted Nov. 13, 1995. Decided Jan. 25, 1996. Before: BROWNING, RYMER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 I. Federal Age Discrimination and Retaliation 3 The rules regarding burdens of proof developed in cases under Title VII are applicable in cases under the Age Discrimination in Employment Act. Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994); Douglas v. Anderson, 656 F.2d 528 (9th Cir.1981). A. Age Discrimination 1. Prima Facie Case 4 To state a prima facie case of age discrimination, plaintiff must generally show she: 1) was a member of the protected class (between the ages of 40 and 70); 2) was performing her job…