Stucky
Stucky v. Department of Education
Opinion
Lead Opinion
*505 MEMORANDUM **
The district court did not err when it granted summary judgment to the defendants on Stucky’s Title VII retaliation claim. Contrary to Stucky’s assertions, the last “protected activity” that she engaged in for purposes of her Title VII retaliation claim was the 2000 retaliation and discrimination complaint filed with the Hawaii Civil Rights Commission (“HCRC”). See Davis v. Team Elec. Co., 520 F.3d 1080, 1093-94 (9th Cir.2008). The union grievances Stucky filed after 2000 do not qualify as protected activities because the record does not establish that they were lodged in opposition to Title VII violations. See 42 U.S.C. § 2000e-3; Learned v. City of Bellevue, 860 F.2d 928, 932 (9th Cir.1988) (“[T]he opposed conduct must fairly fall within the protection of Title VII to sustain a claim of unlawful retaliation.”). Moreover, the initiation of the present lawsuit is not a protected activity for purposes of Stucky’s retaliation claim in this case. In her complaint, Stucky did not allege that she was retaliated against for initiating the present lawsuit. As the district court noted, Stucky has filed a separate civil action in district court to address her…