Salazar v. U.S. Department of Justice
Salazar v. U.S. Department of Justice
Opinion of the Court
MEMORANDUM
Michelle Salazar appeals the district court’s grant of summary judgment on her Title VII, 42 U.S.C. § 2000e claims. The parties know the facts, and we recite them here only as necessary. We affirm summary judgment on Salazar’s hostile environment claim and remand for reconsideration of her retaliation claim.
Salazar first argued that her supervisor subjected her to a sexually and racially hostile work environment. Salazar suffered no tangible employment action, and thus Defendants may assert the affirmative defense enunciated in Burlington Industries, Inc. v. Ellerth
The Bureau of Prisons maintained both anti-harassment policies and a sexual harassment prevention program. When Salazar complained about harassing behavior, the incidents were immediately investigated. Defendants thus satisfy the first prong of the defense.
Salazar also argued that her supervisor retaliated against her when she acted to protect her Title VII rights. To establish a prima facie case of retaliation under Title VII, Salazar was required to show: “(1) [s]he engaged in a protected activity; (2)[her] employer subjected [her] to an adverse employment action; and (3) a causal link exists between the protected
“[A]n action is cognizable as an adverse employment action if it is reasonably likely to deter employees from engaging in protected activity.”
Based on the evidence presented, a valid question of fact exists as to whether Salazar’s complaints caused the reduced performance ratings and played a part in her failure to obtain an employment position for which she applied. A rational trier of fact could possibly find that Salazar’s “minimally satisfactory” evaluations were merely pretextually based on her performance and that her failure to obtain the position of Employment Development Manager were both actually consequences of and attempts to deter her assertion of her Title VII rights. Accordingly, we reverse summary judgment on the retaliation claim and remand for further proceedings.
AFFIRMED IN PART, REVERSED IN PART. Each party to bear its own costs.
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.
. Stegall v. Citadel Broad. Co., 350 F.3d 1061, 1074 (9th Cir. 2003) (stating this court reviews a grant of summary judgment de novo).
. 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998).
. 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998).
. Ellerth, 524 U.S. at 765; Faragher, 524 U.S. at 807.
. Id.
. Id.
. Ray v. Henderson, 217 F.3d 1234, 1240 (9th Cir. 2000).
. 42 U.S.C.2000e-3(a); see Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir. 2000).
. Ray, 217 F.3d at 1243.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.