Gerving

Gerving v. Opbiz, LLC

Good Law
324 F. App'x 692
United States Court of Appeals for the Ninth CircuitApril 29, 2009No. 07-16822California880 words

Opinion

Lead Opinion

MEMORANDUM *

Karen Gerving (“Gerving”), a stepmother of three young children, appeals from the district court’s grant of summary judgment in favor of her former employer, Opbiz, LLC, doing business as Aladdin Resort and Casino (“Aladdin”), on her claims of gender discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a), 2000e-3(a), and Nevada state law. 1 We reverse and vacate the grant of summary judgment on Gerving’s claims of gender discrimination and retaliation, and remand for further proceedings.

We review an order granting summary judgment de novo. Diaz v. Eagle Produce Ltd. Partnership, 521 F.3d 1201, 1207 (9th Cir.2008). The McDonnell Douglas framework governs our analysis of both discrimination and retaliation claims in the summary judgment context. See McGinest v. GTE Serv. Corp., 360 F.3d 1103, 1122, 1124 (9th Cir.2004) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973)).

To survive summary judgment on a claim of gender discrimination, the plaintiff must first make a minimal showing that: (1) she belongs to a protected class; (2) she performed her job satisfactorily;…

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