Kozuma

Kozuma v. Barnhart

Good Law
70 F. App'x 406
United States Court of Appeals for the Ninth CircuitJune 17, 2003No. 01-16109; D.C. No. CV-99-00828-LEKCalifornia311 words

Opinion

Lead Opinion

MEMORANDUM *

Michelle Kozuma appeals the district court’s grant of summary judgment in favor of her employer, the Commissioner of the Social Security Administration, in her action brought under the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k). We affirm.

Kozuma contends that she was terminated from her position with the Social Security Administration because she intended to become pregnant. The Commissioner *407 produced evidence that Kozuma was terminated because of her poor job performance. Kozuma has the burden to show that the Commissioner’s explanation for her termination is a pretext. See Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1220 (9th Cir.1998). Kozuma did not meet this burden.

The basis for Kozuma’s termination was a “desk audit,” which revealed problems with her work. During the course of a phone call regarding Kozuma’s work performance, an Employee Relations Specialist recommended to Kozuma’s supervisor that a desk audit be conducted. During the phone call, the Employee Relations Specialist also told the supervisor that it was better to terminate probationary employees such as Kozuma before the end of the probationary period than to wait. Kozuma has not…

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