Russell

Russell v. City of Reno

Good Law
289 F. App'x 996
United States Court of Appeals for the Ninth CircuitAugust 20, 2008No. 06-17113California514 words

Opinion

Lead Opinion

MEMORANDUM **

Ruby Russell, an African-American woman, alleges she suffered employment discrimination in violation of 42 U.S.C. § 1981 when she was passed over for promotion. Russell appeals from the district court’s grant of summary judgment in favor of defendants City of Reno and Steve Wright.

Defendants concede that Russell established her prima facie case. Russell concedes that Defendants satisfied their burden to articulate legitimate, nondiseriminatory reasons. The issue on appeal is whether Russell created a genuine issue of fact that Defendants’ proffered reasons are pretextual. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973).

Forty-three Office Assistants worked for the City of Reno. Forty-two of those Office Assistants held Office Assistant 2 positions. Russell was the only African-American and the only person holding the lower Office Assistant 1 position. Additionally, through the time Russell applied for promotion, no African-American ever held an Office Assistant 2 position with the City of Reno. A jury could use this statistical evidence to infer pretext. Diaz v. AT & T, 752 F.2d 1356, 1363 (9th Cir.1985).

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