Orr

Orr v. University Medical Center

Good Law
51 F. App'x 277
United States Court of Appeals for the Ninth CircuitNovember 26, 2002No. 01-16490; D.C. No. CV-98-01782-RLHCalifornia469 words

Opinion

Lead Opinion

MEMORANDUM ***

The district court granted summary judgment in favor of University Medical Center and against Iris Orr, holding that Orr had failed to establish a prima facie case of discrimination as required by McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct. 1817, 1824 , 36 L.Ed.2d 668 (1973). 1 We affirm.

(1) Orr has failed to make a prima facie showing of gender discrimination because she failed to show that she was qualified for her job and that similarly situated male employees were treated more favorably. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1062 (9th Cir.2002). An implicit part of the “qualification” requirement is that the plaintiff was performing her job satisfactorily. See id. at 1062 n. 8; Pejic v. Hughes Helicopters, Inc., 840 F.2d 667, 672 (9th Cir.1988); Tolbert v. Page, 182 F.3d 677 , 687 n. 2 (9th Cir.1999) (en banc) (McKeown, J., dissenting). Orr’s lengthy disciplinary record is more than adequate evidence to show that she was not. Moreover, Orr failed to compare herself to any male employee with a similar disciplinary history. See Jauregui v. City of Glendale, 852 F.2d 1128, 1134-35 (9th Cir.1988); Gunther v. County of Wash.,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.