Salter

MEMORANDUM **

Nina Salter appeals the district court’s summary judgment in favor of Washington Township Health Care District (“Washington Hospital” or “the Hospital”) in this employment discrimination case. Salter contends that she was the victim of race-based disparate treatment, a racially hostile work environment, a constructive termination, and unlawful retaliation. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and reverse in part.

I.

The district court did not rule on Salter’s disparate treatment claim, apparently because it was not presented as clearly as it could have been in Salter’s motion papers. Assuming that Salter has not waived this claim, we affirm the district court’s summary judgment because we cannot say, given Salter’s position as the senior unit clerk, that the evidence in the record creates a genuine issue as to whether the work-assignment decisions of Salter’s supervisor were a pretext for discrimination. 1 See Bergene v. Salt River Project Agric. Improvement & Power Dist., 272 F.3d 1136 , 1141 (9th Cir.2001) (explaining that the critical issue on summary judgment is whether the plaintiffs evidence raises a triable issue as to…