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Bentzien v. City of Honolulu

Citation: 334 F. App'x 817Docket: No. 08-15910

Court: Court of Appeals for the Ninth Circuit; June 4, 2009; Federal Appellate Court

Narrative Opinion Summary

The case involves an employee's claim of retaliation under Title VII's opposition clause, which prohibits discrimination against employees who oppose unlawful practices. The court evaluated Bentzien's claims regarding alleged discriminatory behavior by her supervisors, Char and Dukes. The court found that Bentzien's belief that Char's mocking behavior constituted an unlawful employment practice was unreasonable, referencing Clark County Sch. Dist. v. Breeden. Similarly, Bentzien's claim based on Dukes's vague comment was dismissed due to insufficient evidence that the comment indicated a discriminatory policy. The court highlighted the necessity for a reasonable belief in the unlawfulness of the opposed practice to establish a prima facie case of retaliation. Ultimately, the court affirmed the decision to dismiss Bentzien's claims, emphasizing that the decision is not suitable for publication and does not serve as precedent, except under certain provisions of the Ninth Circuit Rules.

Legal Issues Addressed

Isolated and Vague Comments

Application: A vague and isolated comment does not suffice for protection under the opposition clause without evidence of a discriminatory policy.

Reasoning: Second, Bentzien's claim concerning Patricia Dukes's vague and isolated comment during a staff meeting also lacks merit.

Non-Precedential Decision

Application: The court's affirmation of the decision notes its non-publishable nature, limiting its use as a precedent.

Reasoning: The decision is affirmed, noting that it is not suitable for publication and does not serve as precedent except under specific provisions of the Ninth Circuit Rules.

Opposition Clause under Title VII

Application: The case determines that an employee must have a reasonable belief that the opposed practice was unlawful to succeed in a retaliation claim under the opposition clause.

Reasoning: The memorandum addresses the legal implications of the 'opposition' clause under Title VII, which prohibits employers from discriminating against employees who oppose unlawful practices.

Prima Facie Case of Retaliation

Application: Bentzien's retaliation claim was dismissed due to lack of evidence of a reasonable belief that the actions she opposed were unlawful employment practices.

Reasoning: The case references Crawford v. Metro. Gov’t of Nashville, emphasizing that a prima facie case of retaliation requires evidence of opposition to a practice made unlawful by the statute.

Reasonable Belief Requirement

Application: Bentzien's belief that Char's behavior was unlawful was deemed unreasonable, affecting the viability of her claim.

Reasoning: First, her assertion regarding Elizabeth Char's mocking of the physically challenged did not constitute a reasonable belief that Char's actions were an unlawful employment practice, as established in Clark County Sch. Dist. v. Breeden.