Mitchell v. Superior Court

MEMORANDUM **

Yolanda Mitchell appeals the district court’s grant of summary judgment in favor of her former employer, the Superior Court of California, County of San Mateo (“the Superior Court”), on her claims of employment discrimination and retaliation under Title VII and her claims for defamation and intentional infliction of emotional distress under California law. The parties are familiar with the facts of this case, and we do not repeat them here. We affirm.

A. Discrimination

Discrimination claims under Title VII are subject to the burden-shifting analysis enumerated in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Mitchell conceded at oral argument that she has no direct evidence of discrimination, and the record does not contain any evidence indicating that the Superior Court treated other similarly situated employees outside of the protected class differently. 1 Mitchell has failed to establish a prima facie case. Cornwell v. Electra Cent. Credit Union, 439 F.3d 1018, 1028 (9th Cir.2006).

Even if Mitchell had established a prima facie case, the Superior Court has offered at least nineteen different legitimate,…