Fulkerson

Fulkerson v. Amerititle, Inc.

Good Law
64 F. App'x 63
United States Court of Appeals for the Ninth CircuitApril 24, 2003No. 01-36163California1,346 words

Opinion

Lead Opinion

MEMORANDUM *

Amy Fulkerson appeals the grant of summary judgment in favor of her former employer, AmeriTitle, Inc., on her employment-related claims and the denial of her motion to bifurcate. We review the grant of summary judgment de novo, Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002), and the trial court’s decision not to bifur *65 cate a trial for abuse of discretion, Hilao v. Estate of Marcos, 103 F.3d 767, 782 (9th Cir.1996). We affirm in part, reverse in part and remand.

Fulkerson contends her claims for pregnancy discrimination under both Title VII and Oregon law were improperly decided at summary judgment. We conclude Fulkerson has established the minimal showing necessary for a prima facie case and that there is a material dispute of fact regarding whether the proffered nondiscriminatory reason was pretextual.

To state a prima facie case of discrimination, Fulkerson must show that: (1) she is a member of a protected class; (2) she was satisfactorily performing her job; (3) she was discharged; and (4) similarly situated persons not in her protected class were treated more favorably or that her position was filled by a person who was not pregnant. See Villiarimo…

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