Kesington

Kesington v. Teamster Local Union No. 63

Good Law
63 F. App'x 983
United States Court of Appeals for the Ninth CircuitMay 20, 2003No. 02-56416California295 words

Opinion

Lead Opinion

MEMORANDUM **

Harolyn Anita Kesington appeals pro se the district court’s summary judgment in favor of Teamsters Local Union No. 63 and Roadway Express, in Kesington’s action alleging employment discrimination on the basis of race in violation of Title VII of the Civil Rights Act (42 U.S.C. § 2000e). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994), and we affirm.

The district court properly granted summary judgment to Roadway Express because Kesington failed to establish a genuine issue of material fact as to whether other employees who were similarly situated and not within her protected class were treated more favorably than she was, when she was not hired as a full-time regular Notify Clerk on July 11, 2000. See Aragon v. Republic Silver State Disposal, 292 F.3d 654, 658 (9th Cir.2002). Kesington similarly failed to establish a genuine issue of material fact as to whether Roadway Express’ articulated legitimate, nondiscriminatory reason for promoting another employee before Kesington was pretext for discrimination. See Wallis, 26 F.3d at 889-90 .

The district court properly granted summary…

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