PARKER v. CRC HEALTH OREGON LLC (2021)

MEMORANDUM ***

Jerald Parker appeals from the district court's judgment in favor of CRC Health on Parker's claims for employment discrimination, retaliation, and failure to reinstate. We affirm.

1. The district court properly granted summary judgment to CRC Health as to Parker's discrimination and retaliation claims under O.R.S. §§ 659A.030 and 659A.040. Even assuming that Parker established a prima facie case, he failed to raise a triable issue of fact as to pretext. See Little v. Windermere Relocation, Inc., 301 F.3d 958, 969 (9th Cir. 2002). CRC Health stated that it fired Parker for two reasons: (1) Parker sent inappropriate text messages to a patient of CRC Health's clinic; and (2) Parker cursed at his supervisor in front of patients. Parker acknowledges having sent text messages to a patient, and he concedes that the clinic had a zero-tolerance policy for inappropriate relationships with patients. Parker also concedes that cursing in a work environment—even in frustration at his work assignment and not directed at his supervisor—is another violation of clinic policy that can result in termination. Both of these violations provide legitimate, nondiscriminatory reasons for CRC Health's decision to terminate Parker, and Parker produced no evidence suggesting that CRC Health's proffered reasons were not the real reasons for his termination. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1063 (9th Cir. 2002).

2. The district court properly granted summary judgment on Parker's failure-to-reinstate claim as well. Although Parker argues on appeal that his assignment working outside and picking up trash was not part of his job description, he conceded in his deposition that this was part of his job duties prior to taking medical leave. Thus, CRC Health reinstated Parker to his prior position as a security guard, as required by O.R.S. § 659A.043.

AFFIRMED.