Gutierrez
Gutierrez v. Springs Window Fashions Division, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff-appellant Ofelia Gutierrez appeals the district court’s summary judgment against her in her action alleging that Springs Window Fashions Division, Inc. terminated her employment based upon her race/national origin and that she was unlawfully terminated as a result of being injured on the job. Gutierrez asserts claims of (1) employment discrimination on the basis of national origin and *465 race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”); (2) wrongful termination in violation of Nevada public policy. The district court granted defendant-appellee’s motion for summary judgment on both of Gutierrez’s claims. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
Gutierrez has failed to establish a prima facie case of employment discrimination based on race and/or national origin. See 42 U.S.C. § 2000e~2(a)(l) (prohibiting employment discrimination “because of’ race or national origin). In order to establish a prima facie case of race or national origin discrimination, the plaintiff must show the following: (1) that she belonged to a protected class; (2) that she was qualified for the position; (3)…