Barnes

Barnes v. GE Security, Inc.

Good Law
342 F. App'x 259
United States Court of Appeals for the Ninth CircuitJune 18, 2009No. 08-35486California942 words

Opinion

Lead Opinion

MEMORANDUM *

Roseanne Barnes (“Barnes”) appeals the summary judgment in favor of GE Security, Inc., and related defendant companies (“GE”). Barnes argues that summary judgment was inappropriate because genuine issues of material fact exist as to whether GE terminated her in retaliation for her use of the workers’ compensation system or because she was disabled, whether GE failed to grant her a reasonable accommodation for her disability, and whether GE’s justification for terminating her was pretext. We have jurisdiction under 28 U.S.C. § 1291 . We review “the district court’s grant of summary judgment de novo, drawing all reasonable inferences supported by the evidence in favor of ... the nonmoving party,” Noyes v. Kelly Servs., 488 F.3d 1163, 1167 (9th Cir.2007), and we affirm.

I. Barnes’s workers’ compensation claim

Barnes alleged that GE unlawfully terminated her because she invoked the workers’ compensation system. See Or. Rev.Stat. § 659A.040. Although the evidence indicates that Barnes invoked the workers’ compensation system and suffered an adverse employment action, she cannot establish that GE terminated her because of her workers’ compensation claim. See Stanich v.…

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