Anderson

Anderson v. City of Scottsdale

Good Law
160 F. App'x 591
United States Court of Appeals for the Ninth CircuitDecember 21, 2005No. 04-15826; D.C. No. CV-01-01770-MHMCalifornia338 words

Opinion

Lead Opinion

MEMORANDUM ***

Anderson has not presented evidence from which a jury could rationally conclude that the City was on notice that he was experiencing a racially hostile work environment; therefore this claim fails. See Ellison v. Brady, 924 F.2d 872, 881-82 (9th Cir.1991).

Even assuming Anderson has a prima facie case for racial discrimination under Title VII, this claim fails because he has not rebutted the City’s explanations for his transfer and its decision not to promote him. See Vasquez v. County of Los Angeles, 349 F.3d 634, 640-42 (9th Cir.2004). Here, the City documented extensive behavioral problems with Anderson, which justified his transfer. With respect to the promotion, Anderson scored lower on a written test than the person who was promoted instead of him, and Anderson had inferior credentials. For those reasons, Anderson’s 42 U.S.C. § 1981 claim also fails. See Zhang v. Am. Gem Seafoods, Inc., 339 F.3d 1020, 1029 (9th Cir.2003).

Anderson has not produced any evidence to support a causal link between his complaints about his co-workers over a ten-year period and his transfer out of the Identification Unit in 2001, therefore, his Title VII retaliation claim fails.…

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