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PURNELL v. RUDOLPH AND SLETTEN INC (2021)

United States Court of Appeals, Ninth Circuit.2021-04-28No. No. 20-15023

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Opinion

MEMORANDUM **

Georgette G. Purnell appeals pro se from the district courts summary judgment in her employment action alleging violations of Title VII. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Am. Tower Corp. v. City of San Diego, 763 F.3d 1035, 1043 (9th Cir. 2014). We affirm.

The district court properly granted summary judgment on Purnells hostile work environment claim because Purnell failed to raise a genuine dispute of material fact as to whether defendants failed to take adequate corrective action once they had notice of Joness harassment. See Swenson v. Potter, 271 F.3d 1184, 1191-92 (9th Cir. 2001) (an employer cannot be held liable for hostile work environment based on harassment by a co-worker if adequate corrective action is implemented once it has notice of the harassment).

The district court properly granted summary judgment on Purnells discrimination and retaliation claims because Purnell failed to raise a genuine dispute of material fact as to whether the legitimate, non-discriminatory reasons for defendants’ actions were pretextual. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1061-62, 1064 (9th Cir. 2002) (burden-shifting framework applies to discrimination and retaliation claims under Title VII; circumstantial evidence of pretext must be specific and substantial).

Purnells request for judicial notice (Docket Entry No. 2) is granted.

AFFIRMED.