Pelekai

Pelekai v. Raytheon Constructors, Inc.

Good Law
74 F. App'x 790
United States Court of Appeals for the Ninth CircuitSeptember 8, 2003No. 99-15825California773 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff — Appellant Edward P. Pelekai (“Pelekai”) appeals the district court’s decision granting summary judgment to the defendants, Raytheon Constructors, Inc. and its officers (“Raytheon”), on Pelekai’s Title VII claim. The district court held that Pelekai did not have standing to bring a Title VII claim and that Pelekai did not make a prima facie case that Raytheon’s hiring policy 1 had a disparate impact on members of his protected class. We reverse the district court’s ruling on standing but affirm the grant of summary judgment on the merits. We may affirm on any ground that is supported in the record. Keyser v. Sacramento City Unified Sch. Dist., 265 F.3d 741, 750 (9th Cir.2001).

Title VII allows “a person claiming to be aggrieved” by an unlawful employment practice to sue. 42 U.S.C. § 2000e-5. This language has been interpreted to define Title VU’s statutory standing broadly. See Waters v. Heublein, Inc., 547 F.2d 466, 469-70 (9th Cir.1976) (noting broad Title VII standing). Article III standing requires three elements: (1) the plaintiff must have suffered an injury in fact; (2) the injury must be fairly traceable to the challenged action of the defendant;…

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