Cross

Cross v. United Airlines

Good Law
317 F. App'x 615
United States Court of Appeals for the Ninth CircuitAugust 29, 2008No. 06-56809California1,384 words

Opinion

Lead Opinion

MEMORANDUM **

Chan-Tay Cross, who was furloughed after United Airlines (“United”) declared bankruptcy, appeals from the district court’s summary judgment in favor of United, on her claims of racial discrimination in violation of 42 U.S.C. § 1981 and California Government Code § 12940(a) (“FEHA”), retaliation under California Government Code § 12940(h), and interference with, and retaliation with respect to, her exercise of protected leave rights under the California Family Rights Act (“CFRA”), California Government Code § 12945.2. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and review de novo. See Cornwell v. Electro, Cent. Credit Un *617 ion, 439 F.3d 1018 , 1027 n. 4 (9th Cir.2006). We affirm in part and reverse in part.

The district court properly concluded that Cross failed to establish a pri-ma facie case of racial discrimination because she did not produce any evidence that similarly situated employees were treated more favorably than she was treated. Even assuming that Cross established a prima facie case, she did not raise any triable issues of material fact that United’s proffered reason for her furlough — a numerical ranking below the furlough cut-off-was…

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