Robinson

Robinson v. Potter

Good Law
159 F. App'x 801
United States Court of Appeals for the Ninth CircuitDecember 20, 2005No. 04-15554California361 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff Tante Robinson appeals the district court’s grant of summary judgement dismissing her claims for age discrimination under the Age Discrimination in Employment Act (ADEA). 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Robinson’s claim regarding her replacement as acting manager for the platform fails under the three-step McDonnell Douglas 2 shifting — burdens analysis. Although Robinson established a prima facie case of age discrimination, 3 Griffin rebutted the inference of discrimination by explaining that he wanted to give Bell an opportunity to develop her skills and abilities. 4 In response, Robinson failed to establish that Griffin’s reason for replacing her with Bell was false or that his true reason was discriminatory. 5 Robinson failed to provide any specific, substantial evidence of a discriminatory pretext or that age was the reason for Griffin’s decision. Therefore, Robinson fails to show that a genuine issue of material fact precludes summary judgment. 6 Thus, we affirm on this issue.

Robinson’s second claim, of placing another postal worker in the position of the acting manager for the first floor, is not legally sufficient.…

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