Busby v. Kramer
Busby v. Kramer
Opinion of the Court
MEMORANDUM
This case involves summary judgment on hostile work environment and retaliation claims.
I. Hostile Work Environment
Nina Busby’s first claim is that she was subjected to a hostile work environment in violation of Title VII. Title VII prohibits discrimination in employment “because of such individual’s ... sex.”
Neither does Ms. Busby offer sufficient evidence to support her allegation that she was subject to discrimination or mistreatment on account of her sex, ie., because she is a woman. Absent a prima facie showing of sexual harassment, Busby would have needed to provide evidence of sex-based discrimination to have survived defendants’ summary judgment motion.
II. Retaliation
Busby also claimed that she was subject to unlawful retaliation by Faanes. The elements of a Title VII retaliation claim include: (1) that the employee was engaged in a protected activity, (2) the employee was thereafter subjected by his employer to an adverse employment action, and (3) establishment of a causal link between the protected activity and the adverse employment action.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. 42 U.S.C. § 2000e-2(a)(l) (2000).
. Meritor Savings Bank v. Vinson, 477 U.S. 57, 66-67, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986).
. Nicknames seem to have been common in their workplace. Another officer went by "Skip,” rather than his real name.
. Brooks v. City of San Mateo, 229 F.3d 917, 927 (9th Cir. 2000) (citations and internal quotation marks omitted).
. See, e.g., Sischo-Nownejad. v. Merced Community College Dist., 934 F.2d 1104, 1109 (9th Cir. 1991).
. 523 U.S. 75, 81, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998) (citations and internal quotation marks omitted).
. Id. at 80.
. Id.
. Wallis v. J.R. Simplot Co., 26 F.3d 885, 891 (9th Cir. 1994); see 42 U.S.C. § 2000e-3(a) (2000).
. Fielder v. UAL Corp., 218 F.3d 973, 984-85 (9th Cir. 2000).
Reference
- Full Case Name
- Nina A. BUSBY Lloyd Buzz Busby v. James P. KRAMER, individually and in official capacity as Sheriff of Daniels County, MT Lonne Faanes, individually and in official capacity as law enforcement officer of Daniels County, MT Daniels County, Defendants—Appellees
- Status
- Published