FILED
NOT FOR PUBLICATION FEB 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DEBRA TAYLOR JOHNSON, No. 11-16527
Plaintiff - Appellant, D.C. No. 3:09-cv-05157-RS
v.
MEMORANDUM *
CITY OF OAKLAND, CALIFORNIA,
Defendant - Appellee.
Appeal from the United States District Court
for the Northern District of California
Richard Seeborg, District Judge, Presiding
Argued and Submitted February 11, 2013
San Francisco, California
Before: SCHROEDER, HAWKINS, and MURGUIA, Circuit Judges.
Appellant Debra Taylor Johnson appeals the district court’s entry of
summary judgment in favor of Appellee, the City of Oakland (“City”), in her
employment action alleging racial and gender discrimination in violation of Title
VII. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo,
Vasquez v. Cnty. of L.A., 349 F.3d 634, 639 (9th Cir. 2003), and affirm.
The district court determined that Johnson established a prima facie case of
discrimination and properly granted summary judgment because Johnson failed to
meet her burden of establishing that the City’s decision denying her request for
retroactive salary and cost of living allowance (“COLA”) increases was a pretext
for discrimination. The City articulated a “legitimate, nondiscriminatory reason,”
McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973), for denying
Johnson’s request, viz., her position was established at a flat-rate salary by City
Council ordinance and was not eligible for salary increases, and Johnson had
already received COLA increases that were approved by the City Council.
Johnson has not persuaded us that a “discriminatory reason more likely motivated”
the City or shown that the City’s explanation is “unworthy of credence,” Tex.
Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 256 (1981). Indeed, Johnson has
presented no “specific and substantial” circumstantial evidence showing pretext.
Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1062 (9th Cir. 2002).
AFFIRMED.
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