Radovich
Radovich v. Secretary of the U.S. Department of Treasury
Opinion
Lead Opinion
MEMORANDUM ***
Chaslav C. Radovich, a Montenegrin-born immigrant, was fired from his position at the Internal Revenue Service (“IRS”) after 11 years of service. Radovich sued for national origin discrimination under 42 U.S.C. § 2000e and discrimination and retaliation under the Rehabilitation Act, 29 U.S.C. § 791 . The district court granted the Secretary’s summary judgment motion on Radovich’s national origin discrimination claim, and a unanimous jury found for the Secretary under the Rehabilitation Act. Radovich appeals on numerous grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Radovich failed to establish a prima facie case of national origin discrimination because he did not show that he was qualified for his position or that similarly situated employees outside his protected class were treated more favorably. See Chuang v. Univ. of Cal. Davis, Bd. of Trs., 225 F.3d 1115, 1123 (9th Cir.2000). The evidence showed that Radovich was rude to taxpayers and threatened and frightened his coworkers; the evidence did not show any employee who was treated more favorably than Radovich under similar circumstances.