Nicole Farber v. City of Mesa

MEMORANDUM

Nicole Farber (“Farber”) appeals from the district court’s grant of summary judgment to the City of Mesa (“Mesa”) on her disparate treatment claims brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. Farber argues that Mesa discriminatorily terminated her employment as a crime scene technician with the police department based on her gender and her failure to adhere to gender norms. Mesa cites to Farber’s improper disclosure and distribution of graphic crime scene photos to citizens and her refusal to recognize the seriousness of her conduct as the bases for termination. This court reviews de novo the district court’s grant of summary judgment. Oswalt v. Resolute Indus., Inc., 642 F.3d 856, 859 (9th Cir.2011). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. The parties are familiar with the facts, and we do not recite them here.

In alleging cognizable claims of gender and gender stereotyping discrimination, Farber bears the burden of showing that Mesa treated similarly situated men (or females who conform to gender roles) more favorably. See Vasquez v. Cnty. of Los Angeles, 349 F.3d 634 , 640 n. 5 (9th Cir.2003) (citing…