Roth
Roth v. DriveTime Corp.
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…