Abille

Abille v. Johnson

Good Law
233 F. App'x 729
United States Court of Appeals for the Ninth CircuitMay 25, 2007No. 06-35177California237 words

Opinion

Lead Opinion

MEMORANDUM **

Lolita Abille, a former civilian Navy employee, filed suit claiming discrimination and failure to accommodate in violation of the Rehabilitation Act and the Americans with Disabilities Act (“ADA”); retaliation, disparate treatment race and sex discrimination, and a hostile work environment in violation of Title VII; and intentional infliction of emotional distress or “outrage” *730 under Washington state law. Because the parties are familiar with the underlying facts, we do not recite them here.

Abille cannot bring a claim under the ADA because employees of the Navy are federal employees specifically excluded from the ADA and covered instead by the Rehabilitation Act. See 42 U.S.C. § 12111 (5)(B)(i). The district court correctly dismissed Abille’s state tort claim because Abille failed to state a claim for “outrage” in her complaint, and, in any event, she could not prevail as a matter of law because Abille did not identify any “outrageous and extreme” conduct on the part of her employer beyond “ ‘rough language, unkindness, and lack of consideration.’ ” Birklid v. Boeing Co., 127 Wash.2d 853 , 904 P.2d 278, 287 (1995) (quoting Grimsby v. Samson, 85 Wash.2d 52 ,…

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