Liston
Liston v. Department of Business & Industry
Opinion
Lead Opinion
MEMORANDUM **
Appellant Deborah Liston appeals the district court’s order granting summary judgment in favor of Appellee State of Nevada, Department of Business and Industry, Division of Industrial Relations (“Division”), on her claims of alleged violations of the Family Medical Leave Act (“FMLA”) for interference and retaliation, and unlawful termination under Nevada law. We affirm the district court’s order.
This court reviews de novo the district court’s grant of summary judgment. Dominguez-Curry v. Nev. Transp. Dept., *1002 424 F.3d 1027, 1033 (9th Cir.2005). The court must view the evidence in the light most favorable to the nonmoving party, and must determine whether any genuine issues of material fact exist and whether the district court properly applied the relevant substantive law. Id. Summary judgment may be affirmed “on any basis supported by the record.” Valdez v. Rosenbaum, 302 F.3d 1039, 1043 (9th Cir.2002).
The failure to notify an employee of her rights under the FMLA can constitute interference if it affects the employee’s rights under FMLA. Xin Liu v. Amway, 347 F.3d 1125, 1134-35 (9th Cir.2003); Mora v. Chem-Tronics, 16 F.Supp.2d 1192, 1227 (S.D.Cal.1998).…