Brown

Brown v. Union Pacific Railway Co.

Good Law
158 F. App'x 817
United States Court of Appeals for the Ninth CircuitDecember 13, 2005No. 04-16433California440 words

Opinion

Lead Opinion

MEMORANDUM **

Chalmes J. Brown, a former employee of Union Pacific Railroad Company, appeals pro se from the district court’s summary judgment in favor of defendant in his action alleging racial discrimination, retalia *818 tion, and a hostile work environment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo an award of summary judgment. See Freeman v. Oakland Unified Sch. Dist., 291 F.3d 632, 636 (9th Cir.2002). We affirm.

The district court properly granted summary judgment on Brown’s discrimination claims because Brown did not dispute that the employment actions he complained of (including assigning Brown to work in Fresno and dropping him from the seniority list when he declined to work at the Oakland terminal) were the result of application of a bona fide seniority system approved by his union. See Int'l Bhd. of Teamsters v. United States, 431 U.S. 324, 352 , 97 S.Ct. 1843 , 52 L.Ed.2d 396 (1977) (holding that application of such a seniority system is not unlawful under Title VII).

Furthermore, Brown did not show that he suffered an adverse employment action, only that he was transferred and his employment status changed pursuant to seniority lists.…

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