Hutchinson

Hutchinson v. Seagate Technology

Good Law
147 F. App'x 647
United States Court of Appeals for the Ninth CircuitAugust 15, 2005No. 04-16761; D.C. No. CV-02-05763-JFCalifornia374 words

Opinion

Lead Opinion

MEMORANDUM **

Bernetta E. Hutchinson appeals pro se the district court’s summary judgment in favor of her former employer Seagate Technology (“Seagate”) in her action alleging age and race discrimination and retaliation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Lyons v. England, 307 F.3d 1092, 1103 (9th Cir.2002), and we affirm.

The district court properly concluded that Hutchinson failed to establish a prima facie case of discrimination arising out of three incidents. See Chuang v. Univ. of Cal. Davis, Bd. of Trs., 225 F.3d 1115, 1123 (9th Cir.2000). First, the evidence does not show that Hutchinson’s alleged “exclusion” from meetings resulted in an employment disadvantage. See Strother v. S. Cal. Permanente Med. Group, 79 F.3d 859 , 869 & n. 12 (9th Cir.1996) (“mere ostracism in the workplace is not enough to show an adverse employment decision”). Likewise, the evidence fails to create a triable issue as to whether Hutchinson suffered an adverse employment action as a result of an alleged negative evaluation. See Kortan v. Cal. Youth Auth., 217 F.3d 1104, 1113 (9th Cir.2000). Finally, the evidence…

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