Johnson v. Service Employees International Union Local 1107
699 F. App'x 635
| 9th Cir. | 2017Background
- Johnson, a SEIU Local 1107 employee, sues for racial discrimination under Title VII; the district court granted summary judgment for the union.
- She invokes McDonnell Douglas burden-shifting framework to prove discrimination.
- District court assumed a prima facie case but found no evidence of pretext; relied on lack of similarly-situated comparators.
- Local 1107 fired Johnson for dishonest conduct and reassigned her to a floater position requiring diverse skills.
- On appeal, court affirms on alternative ground: no genuine issue that union’s reasons were pretextual under Chuang and related precedents.
- The panel holds the evidence does not create a triable issue of pretext.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie case and pretext evidence | Johnson argues prima facie discrimination and pretext | Local 1107 asserts a legitimate nondiscriminatory reason and no pretext | Assumed prima facie but affirmed no pretext evidence |
| Pretext regarding firing for dishonesty and floater reassignment | Johnson failed to show pretext for firing or reassignment | Reasons for dishonesty finding and floater role are legitimate | No genuine issue that reasons were pretextual; district court affirmed |
Key Cases Cited
- Chuang v. Univ. of Cal. Davis, Bd. of Trs., 225 F.3d 1115 (9th Cir. 2000) (pretext inquiry under McDonnell Douglas framework)
- Hawn v. Exec. Jet Mgmt., Inc., 615 F.3d 1151 (9th Cir. 2010) (pretext evidence required to defeat summary judgment)
- Nicholson v. Hyannis Air Serv., Inc., 580 F.3d 1116 (9th Cir. 2009) (reaffirming standard for pretext and burden-shifting framework)
- Chuang v. Univ. of Cal. Davis, Bd. of Trs., 225 F.3d 1115 (9th Cir. 2000) (McDonnell Douglas framework; pretext analysis)
- Steckl v. Motorola, Inc., 703 F.2d 392 (9th Cir. 1983) (pretext requires more than absence of credibility; must be substantial)