Roth

Roth v. DriveTime Corp.

Good Law
158 F. App'x 17
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 05-15029California286 words

Opinion

Lead Opinion

MEMORANDUM **

Janet Rose Roth appeals pro se the district court’s order granting summary judgment to defendant DriveTime Corporation in her action alleging violation of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . After de novo review, Arakaki v. Hawaii, 314 F.3d 1091, 1094 (9th Cir.2002), we affirm.

The district court correctly concluded that the severance agreement executed by Roth contained the protections statutorily required by the Older Workers Benefit Protection Act. See 29 U.S.C. § 626 (f). The evidence before the district court did not present a genuine issue of material fact as to whether Roth knowingly and voluntarily signed the waiver of claims, and she is therefore precluded from bringing suit. See Stroman v. West Coast Grocery Co., 884 F.2d 458, 462-63 (9th Cir. 1989) (listing lack of ambiguity of agreement, education and business experience of plaintiff, presence of noheoercive atmosphere for the execution of the release, and availability of legal counsel as factors for determining “voluntary, deliberate, and informed” waiver of claims in Title VII cases); see also FTC…

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