Galdamez v. Xerox Corp.
Opinion of the Court
JUDGMENT
This ease was considered on the record from the United States District Court for the District of Columbia and on the briefs by counsel. It is
ORDERED that the judgment from which this appeal has been taken be affirmed. Juan Alberto Galdamez, Sr., appeals the district court’s grant of summary judgment on his claims of unlawful discrimination and unlawful retaliation in violation of the District of Columbia Human Rights Act (DCHRA), D.C.Code. Ann. § 2-1403.16(a). “Summary judgment is appropriate if ‘there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law5 ”; a genuine issue exists “only if ‘a reasonable jury could return a verdict for the nonmoving party.’ ” Taylor v. Small, 350 F.3d 1286, 1290 (D.C.Cir. 2003) (quoting Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (alteration in original)). Although Galdamez claimed that other similarly situated employees were treated more favorably than he, he failed to show that his termination was based on his ethnicity. See Blackman v. Visiting Nurses Ass’n, 694 A.2d 865, 868-69 (D.C. 1997). On appeal, Galdamez points to only a single employee — Gary Sumner — who, he alleges, was similarly situated and treated more favorably. We agree with the district court, however, that Sumner was not similarly situated. Accordingly, Galdamez failed to make a showing on an essential element of his claim and summary judgment was appropriate. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (moving party is “entitled to a judgment as a matter of law” if nonmoving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial”).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or rehearing en banc. See Fed. RApp. P. 41(b); D.C.Cir. Rule 41.
Reference
- Full Case Name
- Juan Alberto GALDAMEZ, Sr. v. XEROX CORPORATION
- Cited By
- 1 case
- Status
- Published