Obiajulu v. Rite Aid Corp.
Docket: No. 07-17117
Court: Court of Appeals for the Ninth Circuit; April 2, 2009; Federal Appellate Court
Raymond Obiajulu appeals the district court’s summary judgment favoring Rite Aid Corporation and Teamsters Local Union No. 995 in his claims of race discrimination in employment and breach of the duty of fair representation. The court has jurisdiction under 28 U.S.C. 1291 and conducts a de novo review, ultimately affirming the district court's decision. The court upheld the summary judgment for Rite Aid, finding that Obiajulu did not provide sufficient evidence to show that his suspension was racially motivated. To survive summary judgment, a plaintiff must demonstrate that the employer’s legitimate explanations for adverse actions are pretexts for discrimination. Regarding Local 995, the court affirmed the summary judgment on the fair representation claim, noting that Obiajulu failed to show that the union's representation during his grievance was arbitrary, discriminatory, or in bad faith. The court clarified that a union's actions are not considered arbitrary if they involve judgment on how to handle a grievance. Obiajulu's contention about alleged bias from the magistrate judge was not considered because it was raised for the first time on appeal. The court dismissed his remaining arguments and denied all pending motions, concluding with an affirmation of the previous decisions. The disposition is not to be published and does not serve as precedent except as outlined by 9th Cir. R. 36-3.