Waizmann
Waizmann v. Sierra Pacific Power Co.
Opinion
Lead Opinion
MEMORANDUM ***
Plaintiff Johanna Waizmann appeals the district court’s grant of summary judgment for Defendant Sierra Pacific Power Company (“SPPC”). We affirm.
In 2005, Waizmann sued SPPC, claiming that SPPC violated the Age Diserimination in Employment Act of 1967 (the “ADEA”) when it rejected Waizmann, then sixty-one-years-old, for a buyer/planner position and then terminated her employment. Waizmann based this claim on two comments, one made in 2002 by a coworker who later became her supervisor, and another made in 2005 by a supervisor. The comments referred to Waizmann’s attendance of university classes, which she attended in order to complete her undergraduate degree. The comments respectively questioned the necessity of a degree given Waizmann’s age and position in SPPC and inquired as to the age of Waizmann’s fellow students.
The district court granted SPPC’s motion for summary judgment, holding that while Waizmann established a prima facie ease of age discrimination, she did not offer any evidence, either direct or circumstantial, to show that the reasons proffered by SPPC for her termination were pretextual.