Harriet Rissetto v. Plumbers and Steamfitters Local 343, a Business Entity, Form Unknown, Michael Beavers and Does 1-25, Inclusive

Good Law
94 F.3d 597·96 Daily Journal DAR 10597·1996 WL 490350·153 L.R.R.M. (BNA) 2111·61 Cal. Comp. Cases 833
United States Court of Appeals for the Ninth CircuitAugust 29, 199694-15724California4,866 words

Opinion

Opinion

Wilson, J.

Plaintiff-appellant Harriet Rissetto sued her former employer, defendant-appellee Plumbers and Steamfitters Local 343 (“Local 343”), and supervisor, defendant-appellee Michael Beavers (“Beavers”) for, inter alia, age discrimination under the California Fair Employment and Housing Act (“the FEHA”). The district court granted summary judgment to defendants and plaintiff appealed. We affirm, but on a different ground than relied upon by the district court.

BACKGROUND

Plaintiff Rissetto was hired in 1986 as an office trainee by defendant Local 343. She was later promoted to the position of secretary-bookkeeper. Defendant Beavers was her second-level supervisor. Her employment was governed by a collective bargaining agreement (“CBA”), which provided that she could only be discharged for just cause.

In 1989, plaintiff slipped and fell in Local 343’s kitchen. As a result of this fall, she experienced pain in her back, neck, right shoulder, right arm, and right wrist. Her job duties (including typing) exacerbated these problems, and her pain increased over time. On November 5, 1990, plaintiff filed a claim for workers’ compensation disability benefits. Her last day of employment with…

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