Thaler

Thaler v. Harrah's Operating Co.

Good Law
126 F. App'x 851
United States Court of Appeals for the Ninth CircuitApril 1, 2005No. 03-16989California1,044 words

Opinion

Lead Opinion

MEMORANDUM *

Sheryl Thaler appeals from the district court’s grant of summary judgment in favor of Harrah’s Operating Company, Inc. (“Harrah’s”) on her claims of violation of the Equal Pay Act ( 29 U.S.C. § 206 (d)(1)) and gender discrimination, as well as retaliation under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-2). The district court found that Thaler had not alleged any facts which, if believed, would rebut the legitimate reasons for Harrah’s actions. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

A grant of summary judgment is reviewed de novo. Clicks Billiards, Inc. v. Sixshooters, Inc., 251 F.3d 1252, 1257 (9th Cir.2001). “A reviewing court must view the evidence in the light most favorable to the non-moving party and determine whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Pisciotta v. Teledyne Indus., Inc., 91 F.3d 1326 , 1329 (9th Cir. 1996).

Thaler’s equal pay claim is controlled by Corning Glass Works v. Brennan, 417 U.S. 188 , 94 S.Ct. 2223 , 41 L.Ed.2d 1 (1974). Accordingly, Thaler has the burden of proving that Harrah’s paid different…

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