Williams v. Community Psychiatric Clinic

Good Law
33 F. App'x 852
United States Court of Appeals for the Ninth CircuitMarch 12, 2002No. 01-35160; D.C. No. CV-99-01908-TSZCalifornia412 words

Opinion

Lead Opinion

MEMORANDUM ***

Ivy Rose Williams appeals the district court’s grant of summary judgment in her action alleging age discrimination and retaliation by her former employer, Community Psychiatric Clinic (“Clinic”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Ray v. Henderson, 217 F.3d 1234, 1239 (9th Cir.2000), and we affirm.

Williams contends that the district court erred in granting summary judgment on her claim that the Clinic violated the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623 . However, we agree with the district court that Williams did not state a prima facie case of discrimination because she did not show that she was constructively discharged. See Brooks v. City of San Mateo, 229 F.3d 917, 930 (9th Cir.2000). Taking the evidence in the light most favorable to Williams, “we cannot see how a reasonable trier of fact could find that she was driven from the workplace.” See id.

Furthermore, the district court properly granted summary judgment on Williams’s claim that she was subjected to a hostile working environment. Williams must show that (1) she was subjected to verbal or…

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