May

MEMORANDUM *

Donna May, former City of Lafayette employee, filed claims of sexual harassment, retaliation and constructive discharge against the City of Lafayette, Mayor Ronald Ross and her immediate supervisor, City Administrator Mark Ger-vasi (collectively referred to as the “City” or “Defendants”). May appeals the district court’s order denying her motion for new trial following a jury verdict in favor of the defendants. In addition, she appeals several evidentiary rulings and the formulation of key jury instructions.

We review the formulation of jury instructions for abuse of discretion. Brewer v. City of Napa, 210 F.3d 1093, 1097 (9th Cir.2000). However, jury instructions that are challenged as a misstatement of law are reviewed de novo. Gilbrook v. City of Westminster, 177 F.3d 839, 860 (9th Cir.), cert. denied, 528 U.S. 1061 , 120 S.Ct. 614 , 145 L.Ed.2d 509 (1999).

To prevail on a retaliation claim under Title VII, the plaintiff must show: 1) involvement in a protected activity; 2) an adverse employment action; and 3) a causal link between the two. Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir. 2000).

In instructing the jury on the second element, adverse…