Alforque

MEMORANDUM *

The Customs Service presented overwhelming evidence that it had a nondiscriminatory reason for terminating Nanette Alforque’s employment — her deficient performance — and Alforque did not provide specific, substantial evidence demonstrating that this proffered explanation was unworthy of credence. See Road v. Fairbanks North Star Borough School Dist., 323 F.3d 1185, 1194 (9th Cir.2003) (citation omitted).

Complaints that Alforque made to union representatives before she was fired could not be portrayed as opposition to discriminatory employment practices Instead, they were run-of-the-mill employment disputes that Alforque tried to recast as complaints about unequal treatment and discrimination. Thus, Alforque could not demonstrate that the Customs Service’s decision to terminate her employment was in retaliation for her participation in a protected activity. See Villiarimo v. Aloha Island Air Inc., 281 F.3d 1054, 1064 (9th Cir. 2002).

The other probationary employees working with Alforque committed markedly fewer errors and their performances improved throughout their probationary periods. The records documenting these performances were destroyed, thus hampering…