Nagar

Nagar v. Foundation Health Systems Inc.

Good Law
57 F. App'x 304
United States Court of Appeals for the Ninth CircuitJanuary 21, 2003No. 01-56054; D.C. No. CV-00-05709-ERCalifornia985 words

Opinion

Lead Opinion

MEMORANDUM *

Nupur Nagar appeals the district court’s grant of summary judgment in favor of her former employer, Foundation Health Systems, Inc. (“FHS”) on her Title VII 1 and California Fair Employment and Housing Act (“FEHA”) 2 discrimination claims. 3 Nagar challenges the district court’s determination that she failed to establish a triable issue of fact regarding her claims of hostile work environment on the basis of her Asian Indian national origin and/or gender and on her retaliation claim against FHS. We review de novo the district court’s grant of summary judgment, see Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002), and we affirm.

I.

To establish a prima facie case of hostile work environment premised on national origin or gender under Title VII and the FEHA, 4 Nagar must establish that (1) she was subjected to verbal or physical conduct of a harassing nature that was based on her national origin or gender, (2) the conduct was unwelcome, and (3) the conduct was “sufficiently severe or pervasive to alter the conditions of the plaintiffs employment and create an abusive working environment.” Kang v. U. Lim America, 296 F.3d 810, 817 (9th Cir.2002); see also Kortan v.…

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