Tallerday

Tallerday v. City of Tucson

Good Law
73 F. App'x 938
United States Court of Appeals for the Ninth CircuitAugust 19, 2003No. 03-15327; D.C. No. CV-01-00391-DCBCalifornia509 words

Opinion

Lead Opinion

*940 MEMORANDUM **

Marva Tallerday appeals pro se the district court’s summary judgment in favor of the City of Tucson in her employment discrimination action alleging violations of the Americans with Disabilities Act, (“ADA”), Title VII, 42 U.S.C. § 1983 and Arizona state laws. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review a grant of summary judgment de novo, Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994), and we affirm.

Summary judgment on Tallerday’s discrimination and retaliation claims under the ADA was proper because she failed to raise a genuine issue of material fact as to whether she suffered an adverse employment action, or whether there was a causal link between her disability and the employment actions of which she complained. See Sanders v. Arneson Products, Inc., 91 F.3d 1351, 1353 (9th Cir.1996).

The district court properly dismissed Tallerday’s claim under Title VII for disability discrimination because she did not allege that she was a member of a protected class. See 42 U.S.C. § 2000e-2(a) (prohibiting employment discrimination on the basis of race, color, religion, sex, or national origin); Vasquez v. County of Los Angeles, 307…

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