Clark v. MCI Communications Corp.

MEMORANDUM *

Holly Clark appeals the summary judgment entered in her action against MCI Communications Corporation, dba World-Com, Inc., for retaliation in violation of California Gov’t Code § 12940 and California public policy. We are not persuaded by MCI’s motion to dismiss the appeal. We deny the motion to dismiss and affirm the grant of summary judgment.

To establish a prima facie case for retaliation Clark must show that she engaged in protected activity; that MCI subjected her to an adverse employment action; and that there is a causal link between the protected action and the adverse employment action. See McAlindin v. County of San Diego, 192 F.3d 1226, 1288 (9th Cir.1999); Addy v. Bliss & Glennon, 44 Cal.App.4th *327 205, 217 , 51 Cal.Rptr.2d 642 (1996). Clark failed to raise a triable issue that there was a causal connection between protected activity and any adverse employment action taken by MCI. As the district court explained in detail, although Clark properly complained about Roth, neither Roth nor anyone familiar with Clark’s complaints had anything to do with transferring her in June 1998, denying her tools or training, denying her vacation or disability leave,…