Evelyn Davidson v. Carl Korman

MEMORANDUM

Evelyn Davidson was employed by the Army Corps of Engineers (“ACE”) as an attorney. She claims that she was fired in retaliation for challenging a racially and sexually hostile work environment, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. She further alleges that her immediate supervisor, Carl Korman, made various misrepresentations that constitute common-law fraud. Her Title VII claim was dismissed, on a motion for judgment on the pleadings, for failure to state a prima facie case that she engaged in a protected activity. Her fraud claim was dismissed as preempted by the Federal Tort Claims Act, 28 U.S.C. §§ 2679 (a), 2679(b)(1) (“FTCA”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Davidson failed to allege a prima facie case that she was fired in retaliation for opposing what she reasonably believed constituted a racially and sexually hostile work environment, in violation of Title VII. See 42 U.S.C. § 2000e-3(a); Freitag v. Ayers, 468 F.3d 528, 541 (9th Cir.2006). The relevant facts concern Davidson’s interactions with two individuals: Patricia Hawkins, a fellow ACE attorney-employee, and Korman,…