Veronica Darby v. Kimberly-Clark Corporation

77 F.3d 488 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Veronica DARBY, Plaintiff-Appellant, v. KIMBERLY-CLARK CORPORATION Defendant-Appellee. No. 94-55773. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 16, 1995. Decided Feb. 14, 1996. 1 Before: BRUNETTI, KOSINSKI, Circuit Judges, HAGEN * , District Judge. 2 MEMORANDUM ** 3 Veronica Darby appeals the district court's ruling that she failed to establish environmental sexual harassment under California's Fair Employment and Housing Act (FEHA). We have jurisdiction pursuant to 28 U.S.C. § 1291 . 4 We review findings of fact following a bench trial for clear error. F.R.A.P. 52(a); Cooling Systems and Flexibles v. Stuart Radiator, Inc., 777 F.2d 485, 487 (9th Cir.1985). A court's determination as to the existence of discrimination is an ultimate finding of fact and, as such, is reviewed for clear error. Kimbrough v. Secretary of State, 764 F.2d 1279, 1281 (9th Cir.1985). 5 The district…