Whitman

Whitman v. Mineta

Good Law
107 F. App'x 28
United States Court of Appeals for the Ninth CircuitJuly 27, 2004No. 03-35838California656 words

Opinion

Lead Opinion

MEMORANDUM *

Terry L. Whitman appeals from the district court’s order (1) entering summary *29 judgment for defendants on the grounds that Whitman failed to introduce evidence sufficient to establish a triable issue of fact as to whether his employer, the Federal Aviation Administration (“FAA”), and its Equal Employment Opportunity (“EEO”) counselors subjected him to any adverse employment action in retaliation for his filing an administrative age discrimination complaint; and (2) denying Whitman’s cross-motion for a stay of the proceedings to consolidate his retaliation case with the underlying discrimination action, and for leave to add a claim for compensatory damages. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court.

Whitman correctly argues that he may establish the adverse-employment-action element of his prima facie case by showing that the alleged action was “reasonably likely to deter employees from engaging in protected activity.” Ray v. Henderson, 217 F.3d 1234, 1243 (9th Cir.2000). But to survive summary judgment, Whitman “ ‘must set forth specific facts showing that there is a genuine issue for trial’” concerning this element of his…

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