Black v. Henderson

MEMORANDUM *

The appellants are plaintiffs in an employment discrimination suit against the United States Postal Service (USPS). The district court granted summary judgment for the USPS on the plaintiffs’ claim that the decision to decentralize a USPS Special Delivery Unit (SDU) and reassign them to other locations discriminated against them. The plaintiffs appeal the judgment against the age and disability claims but raised no argument in their briefs on the judgment against their race, gender, and retaliation claims. These latter claims therefore are waived. See Int’l Union of Bricklayers & Allied Craftsmen Local Union No. 20 v. Martin Jaska, Inc., 752 F.2d 1401 , 1404 (9th Cir.1985). The plaintiffs also appeal the denial of their motion to submit supplemental declarations. We affirm.

I.

To bring suit under the Age Discrimination in Employment Act (ADEA), an employee must be a member of the protected class, at least forty years of age at the time of the alleged personnel action. See 29 U.S.C. § 631 (a); Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142 , 120 S.Ct. 2097 , 147 L.Ed.2d 105 (2000). Four of the plaintiffs (Chester *569 Blanson, Caesar Borela, Robert…