United States Ninth Circuit

In employment discrimination and retaliation action, summary judgment for defendants is affirmed, where plaintiff failed to present genuine issues of material fact as to evidence that: 1) plaintiff was not competently performing her position as store manager for her disability discrimination claim; 2) defendant-employer's proffered reason for terminating her was legitimate and nondiscriminatory, for her retaliation claim; 3) defendant-CEO's conduct did not constitute harassment; and 4) defendant-CEO's conduct did not rise to the level of extreme or outrageous and plaintiff's distress was not severe, with regard to her claim for intentional infliction of emotional distress.

Appellate Information

• Decided 01/11/2013
• Published 01/11/2013

Judges

• DUFFY

Court

• United States Ninth Circuit

Counsel