57 F.4th 709
9th Cir.2023Background
- Joan Opara, born 1954 and of Nigerian origin, was a GS-1169-12 IRS Revenue Officer with 27 years’ service.
- TIGTA investigated multiple accesses by Opara to taxpayers’ IDRS records (two incidents Feb/Mar 2016 and two July 2016 accesses), and TIGTA documented admissions and conflicting third‑party accounts.
- After investigation, Opara’s IDRS access was suspended (standard procedure); she was reassigned to administrative tasks and then proposed for removal for UNAX violations (including a UNAX(e) offense), per the IRS Manager’s Guide.
- Territory Manager Frances Miller proposed removal; Paul Alvarado served as hearing official; Dawn Harris (deciding official) terminated Opara on May 11, 2018 after applying Douglas factors and citing evasiveness in TIGTA interview.
- Opara’s internal EEO complaint failed (agency found no prima facie discrimination or biased comments corroborated); district court granted the Secretary summary judgment; Ninth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Age discrimination (ADEA) — whether termination motivated by age | Opara says supervisors exaggerated charges, assigned humiliating menial tasks, cited prior ageist remarks by a manager and thus termination was age‑based | IRS: Opara committed UNAX violations; Guide required proposing removal for UNAX(e)/multiple UNAX(c); reassignment pending investigation was standard; alleged age remarks are uncorroborated | Court: Affirmed — record supports employer’s nondiscriminatory reasons; plaintiff failed to show pretext or that age was a motivating factor |
| National‑origin discrimination (Title VII) — whether termination motivated by national origin | Opara contends assignment to demeaning tasks and harsh penalty reflect bias against non‑Hispanic, non‑white origin; she alleges others would have been allowed to retire | IRS: Same nondiscriminatory grounds (UNAX findings and Guide); retirement is employee choice; no corroborated evidence of biased decisionmaking | Court: Affirmed — even assuming prima facie case, Opara failed to show proffered reasons were false or a pretext for national‑origin discrimination |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (establishes burden‑shifting framework for disparate‑treatment claims)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (U.S. 2000) (plaintiff may combine prima facie case and evidence of falsity to prove discrimination; limits of inference)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (U.S. 1986) (standard for granting summary judgment)
- E.E.O.C. v. Boeing Co., 577 F.3d 1044 (9th Cir. 2009) (summary judgment review and burden shifting in discrimination cases)
- Metoyer v. Chassman, 504 F.3d 919 (9th Cir. 2007) (direct or circumstantial evidence alternative to McDonnell Douglas)
- Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054 (9th Cir. 2002) (prima facie proof requirement is minimal)
- Enlow v. Salem‑Keizer Yellow Cab Co., 389 F.3d 802 (9th Cir. 2004) (definition of direct evidence of discriminatory intent)
- Chuang v. Univ. of Cal. Davis, 225 F.3d 1115 (9th Cir. 2000) (McDonnell Douglas factors explained)
