Howard

Howard v. Washington

Good Law
254 F. App'x 576
United States Court of Appeals for the Ninth CircuitNovember 8, 2007No. 06-35302California1,427 words

Opinion

Lead Opinion

Plaintiff-Appellant Triphonia Howard (“Howard”) appeals the district court’s grant of summary judgment in favor of his employer as to his claim for retaliation and related state-law claims.

A grant of summary judgment is reviewed de novo, applying the same standard as the district court; namely, when the evidence is viewed in the light most favorable to the nonmoving party, the appellate court must inquire whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Walker v. City of Lakewood, 272 F.3d 1114, 1122 (9th Cir.2001) (citations omitted), cert. denied, 535 U.S. 1017 , 122 S.Ct. 1607 , 152 L.Ed.2d 621 (2002). The appellate court must not weigh the evidence or determine the truth of the matter; rather, the court’s role is merely to determine whether there is a genuine issue for trial. Balint v. Carson City, 180 F.3d 1047, 1054 (9th Cir.1999).

Federal law and Washington state law prohibit retaliation against individuals who oppose racial discrimination. 42 U.S.C. § 2000e-3(a); Wash. Rev.Code § 49.60.210(1). Under the burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S.…

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