Hawk

MEMORANDUM **

In this employment discrimination case, Plaintiffs Genevieve Hawk and Joanne Ozaki-Moore appeal from the summary judgment in favor of Defendants. We affirm.

1. Defendants’ stated reason for terminating Plaintiffs’ employment was a restructuring of the company occasioned by a financial crisis. The summary judgment record contains no evidence creating an issue of fact that this reason was a pretext. For example, the company had recently hired and promoted Plaintiffs knowing of their protected characteristics; the company was failing financially when, the new executive director was brought in; he followed the same pattern of organizational change that he had used to turn other businesses around; at least one white male was terminated for the same reason as plaintiffs were; and the company showed a financial gain after the restructuring. For this reason, summary judgment was properly granted on Plaintiffs’ claims based on their terminations.

2. Plaintiffs did not apply for any of the remaining lower-paying positions. Therefore, there is no evidence that Defendants failed to choose them for these positions for a discriminatory (or any other) reason. Summary judgment…