Encinas

MEMORANDUM *

Christine Encinas (“Encinas”), a Mexican-American, appeals the district court’s grant of summary judgment to Tucson Electric Power (“Tucson”) in her employment discrimination case. Encinas argues that the district court erred in concluding that (1) she had not exhausted her administrative remedies as to her race discrimination and national origin and racial harassment claims, and (2) she had failed to raise a genuine issue of material fact sufficient to preclude summary judgment on her national origin discrimination claim. Encinas appeals also from the district court’s refusal to grant her an adverse inference. We have jurisdiction under 42 U.S.C. § 2000e-5(j) and 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s grant of summary judgment. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). We must view the evidence in the light most favorable to the nonmoving party to determine whether any genuine issues of material fact exist and whether the district court correctly applied the relevant substantive law. Id. We also review de novo a district court’s determination that it lacks jurisdiction to hear a discrimination claim. Freeman v.…

dissenting.

I respectfully dissent. Drawing all inferences in favor of Encinas, the non-mov *766 ing party, a genuine issue of material fact exists as to whether, as a Mexican, she was disciplined more harshly and discharged for conduct that would not have resulted in such discipline or discharge of non-Mexican employees.