Clemente

concurring:

I concur in the result.

MEMORANDUM **

Coleen Clemente appeals the district court’s grant of summary judgment to Defendant Oregon Department of Corrections (“ODOC”) on her pay discrimination and retaliation claims under the Equal Pay Act (“EPA”) and Title VII. We review a district court’s grant of summary judgment de novo. Lukovsky v. City and County of San Francisco, 535 F.3d 1044 (9th Cir.2008). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The ODOC rebutted Clemente’s pri-ma facie case of pay discrimination by offering undisputed evidence that the only male hired at a higher starting salary than Clemente had experience as a correctional hearings officer and was earning more as a county correctional hearing officer than he would as a state correctional hearing officer if hired at the “Step 1” salary level. In order to survive summary judgment on her pay discrimination claim, Clemente must therefore offer sufficient evidence to create a triable issue of fact as to whether the ODOC’s proffered nondiseriminatory reasons for the disparity between her starting salary and that of her male coworker, Sam Nagy, are pretextual. Stanley v. Univ. of S. Cal., 178 F.3d 1069, 1076 (9th…