Court: U.S. Court of Appeals 9th Circuit

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In Caldrone v. Circle K Stores Inc., 2025 WL 2811320 (9th Cir. Oct. 3, 2025), the U.S. Court of Appeals for the 9th Circuit reversed and remanded the lower court’s award of summary judgment dismissing plaintiffs’ allegations of age discrimination (failure to promote) under the Age Discrimination in Employment Act (ADEA). The court proceeded to…

Read More ADEA Age Discrimination (Failure to Promote) Claims Resurrected From Summary Judgment Dismissal
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In Toney v. Clorox Company, No. 24-2567, 2025 WL 1201881 (9th Circuit April 25, 2025), the U.S. Court of Appeals for the Ninth Circuit, inter alia, reversed an award of summary judgment to defendant on plaintiff’s claim of wrongful termination (discrimination) based on gender. From the decision: In this employment discrimination case, we address the…

Read More 9th Circuit, Citing “Internally Inconsistent” Reasons for Termination, Reverses Summary Judgment on Gender Discrimination Claim
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In LaPuebla v. Mayorkas, 2024 WL 3874230 (9th Circuit August 20, 2024), the U.S. Court of Appeals for the Ninth Circuit vacated a lower court decision dismissing a hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the plaintiff (a Customs and Border Protection officer in Guam)…

Read More 9th Circuit Addresses Relationship Between “Severity” and “Pervasiveness” for Title VII Hostile Work Environment Claims
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In Rajaram v. Meta Platforms, Inc., 2024 WL 3192178 (9th Cir. June 27, 2024), the U.S. Court of Appeals for the Ninth Circuit – reversing a lower court – held that 42 U.S.C. § 1981 prohibits employers from discriminating against United States Citizens. From the decision: The disputed question is whether section 1981 prohibits employers…

Read More 9th Circuit Holds That 42 U.S.C. § 1981 Prohibits Discrimination in Hiring Against U.S. Citizens on the Basis of Their Citizenship
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In Mattioda v. Nelson, 2024 WL 1710665 (9th Cir. April 22, 2024), the U.S. Court of Appeals for the Ninth Circuit, inter alia, held that plaintiff (a NASA employee) plausibly alleged a disability-based hostile work environment claim in violation of the Retaliation Act of 1973, 29 U.S.C. § 791 et seq. In sum, plaintiff –…

Read More 9th Circuit Reverses Dismissal of NASA Scientist’s Disability-Based Hostile Work Environment Claim
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In Mayorga v. Diet Center LLC d/b/a Heart Attack Grill, 2024 WL 1574362 (9th Cir. April 11, 2024), the court affirmed the lower court’s award of summary judgment on plaintiff’s employment discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Even though the First Amended Complaint (“FAC”) alleges…

Read More Title VII Hostile Work Environment and Constructive Discharge Claims Properly Dismissed, Ninth Circuit Holds
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In Sharp v. S&S Activewear, L.L.C., 2023 WL 3857491 (9th Cir. June 7, 2023), the court vacated a lower court’s dismissal of plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964 based on “music with sexually derogatory and violent content, played constantly and publicly throughout the…

Read More Sexually Demeaning, Violent Music Could Give Rise to Actionable Hostile Work Environment, Even if “Equally Offensive” to Men & Women
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In Opara v. Yellen, 2023 WL 193678 (9th Cir. Jan. 17, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s national origin discrimination claim. As in many, if not most, employment discrimination cases, the plaintiff failed to establish that, even assuming plaintiff established a prima facie case of discrimination, they failed to demonstrate that…

Read More National Origin Discrimination Claim Properly Dismissed, Ninth Circuit Concludes
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In Fried v. Wynn Las Vegas, LLC, 20-15710, 2021 WL 5366989 (9th Cir. (Nev.) Nov. 18, 2021), the court reversed and remanded a district court decision granting defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff, a male manicurist…

Read More Sexual Harassment Hostile Work Environment Claim Survives Against Wynn Hotel
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In Maner v. Dignity Health, 18-17159, 2021 WL 3699780 (9th Cir. Aug. 20, 2021), the U.S. Court of Appeals for the Ninth Circuit, inter alia, affirmed the dismissal of plaintiff’s gender discrimination claim asserted under Title VII of the Civil rights Act of 1964, on a “paramour preference” theory. From the decision: In this appeal,…

Read More Ninth Circuit Rejects “Paramour Preference” Theory of Title VII Sex Discrimination Claims
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