Bell v. Kaiser Foundation Hospitals

MEMORANDUM **

Marcia Bell appeals pro se from the district court’s summary judgment for defendants in her actions under Title VII, the Americans with Disabilities Act (“ADA”), and the Family and Medical Leave Act (“FMLA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment. Vasquez v. County of *882 Los Angeles, 349 F.3d 634, 639 (9th Cir. 2003) . We affirm.

The district court properly-granted summary judgment on Bell’s claim of discrimination on the basis of race or sex because she failed to present evidence to establish a prima facie case of discriminatory intent behind Kaiser’s failure to promote her or hire her for other positions. See Vasquez, 349 F.3d at 640 . Even if Bell set forth a prima facie case, she failed to establish that Kaiser’s legitimate, non-diseriminatory reasons for its actions were pretextual. See id. at 641 . Bell’s failure to show pretext also undermines her Title VII and FMLA retaliation claim. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1062-63 (9th Cir.2002).

Bell’s contention that her discrimination and retaliation claims would survive summary judgment under a mixed motives…