Harrison

Harrison v. Central Telephone Co.

Good Law
58 F. App'x 274
United States Court of Appeals for the Ninth CircuitFebruary 5, 2003No. 01-16577; D.C. No. CV-98-01776-KJDCalifornia566 words

Opinion

Lead Opinion

*275 MEMORANDUM *

Plaintiff Robert Harrison is an African-American male who was employed by defendant Central Telephone (d.b.a.“Sprint”). He brought employment discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(f), and the Civil Rights Act of 1866, 42 U.S.C. § 1981 , alleging that he experienced (1) racial discrimination when he was disciplined for disconnecting a customer’s phone service and (2) gender discrimination when he applied for another position with his employer, but did not obtain it. The district court granted summary judgment in favor of Sprint. Harrison appeals. We affirm.

Because the parties are familiar with the facts, we recite them only as necessary.

Legal questions in discrimination actions brought under Title VII and similar statutes are reviewed de novo, while a district court’s underlying factual findings are subject to clearly erroneous review. See Nichols v. Azteca Restaurant Enter., Inc., 256 F.3d 864 , 871 (9th Cir.2001). A district court’s conclusion whether a plaintiff has satisfied the elements of a prima facie case is reviewed de novo, although the underlying factual findings are reviewed for clear error. See…

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