Kesington v. Teamster Local Union No. 63
Docket: No. 02-56416
Court: Court of Appeals for the Ninth Circuit; May 20, 2003; Federal Appellate Court
Harolyn Anita Kesington appeals the district court's summary judgment favoring Teamsters Local Union No. 63 and Roadway Express in her employment discrimination claim under Title VII of the Civil Rights Act. The appellate court has jurisdiction under 28 U.S.C. 1291 and reviews the case de novo. The court affirms the district court's decision, determining that Kesington did not demonstrate a genuine issue of material fact regarding whether similarly situated individuals outside her protected class were treated more favorably in her non-hiring for a full-time position on July 11, 2000. Additionally, she failed to show that Roadway Express' legitimate, nondiscriminatory reason for promoting another employee instead of her was a pretext for discrimination. The court also found that Kesington did not raise a genuine issue regarding the Union's assignment of her seniority date and presented no evidence that the Union neglected her grievances related to race discrimination. The judgment is affirmed, and this disposition is not suitable for publication or citation in this circuit except as permitted by Ninth Circuit Rule 36-3.