Ruiz-Valera v. Association of the Bar
Opinion of the Court
SUMMARY ORDER
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED.
Phoebe Ruiz-Valera asserts that the defendant, her former employer, subjected her to race and gender discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., and to age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq. She appeals from the order of the district court dated September 24, 2002, accepting the report and recommendation dated February 27, 2002 (Pitman, M.J.), which recommended that the defendant be granted summary judgment on all of its claims. We assume familiarity with the underlying facts, procedural history, and specification of appellate issues and hold as follows.
We review the district court’s grant of a summary judgment pursuant to a de novo standard. See Boule v. Hutton, 328 F.3d 84, 90 (2d Cir. 2003). The identical standard of proof governs cases under Title VII and the ADEA. See, e.g., Bovers v. Flying Tiger Line Inc., 979 F.2d 291, 296 (2d Cir. 1992).
Ruiz-Valera argues that she was subjected to illegal disparate treatment because (1) the defendant denied her pro
Ruiz-Valera also claims that her termination was a retaliatory measure taken in response to her complaints to the defendant regarding her treatment at the hands of her superiors. The district judge dismissed this claim because Ruiz-Valera had not objected to the magistrate judge’s recommendation that the claim had no merit. See Thomas v. Arn, 474 U.S. 140, 149, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Even if we saw any reason to disturb the district judge’s conclusion, we would agree with the magistrate judge that Ruiz-Val-era has not made out a prima facie case of retaliation because she has not established that she made any complaint asserting that she had been subject to discrimination based upon her membership in a protected class. See Galdieri-Ambrosini v. Nat. Realty & Development Corp., 136 F.3d 276, 292 (2d Cir. 1998).
Accordingly, for the reasons set forth above, the judgment of the District Court is hereby AFFIRMED.
. The parties disagree as to whether RuizValera’s complaint was timely filed. As with the district court, however, we will assume arguendo that the complaint is timely and proceed to consider the merits.
Reference
- Full Case Name
- Phoebe RUIZ-VALERA v. ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK
- Cited By
- 1 case
- Status
- Published