Francis Saitta v. Tucson Unified School District

U.S. Court of Appeals for the Ninth Circuit
Francis Saitta v. Tucson Unified School District, 669 F. App'x 463 (9th Cir. 2016)

Francis Saitta v. Tucson Unified School District

Opinion

MEMORANDUM **

Francis Patrick Saitta appeals pro se from the district court’s summary judgment in his employment discrimination action alleging a disparate impact claim under the Age Discrimination in Employment Act (“ADEA”). We have jurisdiction under 28 U.S.C. § 1291, We review de novo, Johnson v. Henderson, 314 F.3d 409, 413 (9th Cir. 2002), and we affirm.

The district court properly granted summary judgment because Saitta failed to raise a genuine dispute of material fact as *464 to whether defendant’s hiring practice produced an age-based disparate impact. See Stockwell v. City & County of San Francisco, 749 F.3d 1107, 1115 (9th Cir. 2014) (disparate impact claimant “must demonstrate a statistical disparity affecting members of the protected group”); see also Rose v. Wells Fargo & Co., 902 F.2d 1417, 1421 (9th Cir. 1990) (“[P]laintiff must actually prove the discriminatory impact at issue, rather than merely an inference of discriminatory impact.”).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Francis Patrick SAITTA, Plaintiff-Appellant, v. TUCSON UNIFIED SCHOOL DISTRICT, Defendant-Appellee
Status
Unpublished