Wheeler

MEMORANDUM

Barbara Wheeler established that she engaged in protected activity and suffered from adverse action. However, she failed to show a causal link.

Wheeler demonstrated that the July 1997 incident of alleged retaliation took place “close on the heels” of her contact with the EEO office in May 1997. Ray v. Henderson, 217 F.3d 1234, 1244 (9th Cir.2000). However, she did not show that J.P. Morgan knew of her contacts with the EEO at the time of the July conflict. See Cohen v. Fred Meyer, Inc., 686 F.2d 793, 796 (9th Cir.1982). Morgan denied such knowledge in two affidavits filed with the EEO and a declaration filed with the district court. Although Wheeler claimed Morgan lied, she did not create a genuine issue of material fact as to whether Morgan knew of her EEO contacts at the time of the July incident.

Wheeler argued that Morgan’s statement in his affidavit about the July incident that he “had no knowledge of any EEO activity by Ms. Wheeler” could not be true because he had earlier completed an affidavit about the May 24th conflict. However, read in context, his affidavit referencing the July conflict refers to Morgan’s knowledge as of the July 1997 incident. The…