Lee v. Arizona Board of Regents

MEMORANDUM *

Dr. Chunhye Kim Lee (“Lee”) appeals the district court’s grant of summary judgment dismissing her employment discrimination claims under Title VJI, the Rehabilitation Act, the Americans with Disabilities Act, the Equal Pay Act, and the Arizona Civil Rights Act. We review a grant of summary judgment de novo. See Botosan v. Paul McNally Realty, 216 F.3d 827, 829 (9th Cir.2000). We have jurisdiction under 28 U.S.C. § 1291 and now reverse the district court’s dismissal as to Lee’s claim of retaliation by reassignment. We affirm the district court’s dismissal of all other claims.

1. Admissibility of Testimony

As a preliminary matter, Lee asserts that the district court erred in excluding the testimony of a Northern Arizona University (“NAU”) professor as hearsay. While the district court did not expressly consider whether the statements were an admission by a party opponent under Federal Rule of Evidence 801(d)(2)(D), this omission would not constitute an abuse of discretion. See Freeman v. Allstate Ins. Co., 253 F.3d 533, 536 (9th Cir.2001). Further, even if this was error, it was not prejudicial since other evidence on the issue of senior faculty members teaching…