United States Ninth Circuit

In a suit under Title VII of the Civil Rights Act of 1964, alleging that the surviving spouse benefit provided by the City of San Diego to its retired employees discriminated on the basis of sex, the district court's judgment in favor of the city is affirmed, where: 1) the complaint did not adequately allege disparate treatment, as there was no specific allegation of discriminatory intent, and amendment would be futile; and 2) even if the district court had considered the plaintiff's disparate impact claim on the merits, it should have dismissed the claim, because the Supreme Court has expressly recognized that disparate impact claims as to facially neutral pension plans are not actionable under Title VII.

Appellate Information

• Decided 05/09/2012
• Published 05/09/2012

Judges

• B. Fletcher

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael A. Conger, David B. Hopkins