Bottenberg

MEMORANDUM **

Jodona Bottenberg (“Jodona”) appeals the district court’s grant of summary judgment in favor of Carson Tahoe Hospital (“CTH”) in her Title VII action alleging that CTH retaliated against her for complaining that co-worker Eric Smith (“Smith”) sexually harassed her. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

We assume, without deciding, that Jodona met her initial burden of establishing a prima facie case of retaliation, and that the *472 burden therefore shifted to CTH to articulate a legitimate, non-discriminatory reason for its adverse employment action of terminating Jodona’s employment. See Stegall v. Citadel Broad. Co., 350 F.3d 1061,1065-66 (9th Cir.2004).

Jodona concedes that the non-retaliatory reason articulated by CTH — violation of patient confidentiality — is a legitimate, non-discriminatory reason for terminating her employment. Therefore, the burden shifted back to Jodona to demonstrate that CTH’s stated reason for terminating her employment was merely a pretext for retaliation. See id. at 1066 . Jodona failed to meet this burden.

First, the evidence in the record demonstrates that CTH initiated its investigation into the unauthorized…