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Rashdan v. Geissberger

United States Court of Appeals, Ninth Circuit

August 26, 2014

DALIA RASHDAN (MOHAMED), Plaintiff-Appellant,
v.
MARC GEISSBERGER; EUGENE LABARRE; AI B. STREACKER; FOROUD HAKIM; NADER A. NADERSHAHI; PATRICK J. FERRILLO, JR.; LEIGH ANDERSON; JEFF MILES; DANIEL J. BENDER; LOLA GIUSTI; CRAIG YARBOROUGH; DOES 1-50; UNIVERSITY OF THE PACIFIC, Defendants-Appellees

Submitted, San Francisco, California: August 15, 2014 [*].

Page 1180

Appeal from the United States District Court for the Northern District of California. D.C. No. 4:10-cv-00634-SBA. Saundra B. Armstrong, District Judge, Presiding.

SUMMARY[***]

Employment Discrimination

The panel affirmed the district court's summary judgment on a claim of national origin discrimination in violation of Title VI of the Civil Rights Act of 1964.

Joining other circuits, the panel held that the McDonnell Douglas framework for disparate treatment claims under Title VII applied to the Title VI claim. Under this analysis, the plaintiff did not establish a prima facie case of national origin discrimination.

Jay T. Jambeck and Mandy G. Leigh, Leigh Law Group, San Francisco, California, for Plaintiff-Appellant.

Michael J. Vartain and Kathryn J. Burke, Vartain Law Group, San Francisco, California, for Defendants-Appellees.

Before: M. Margaret McKeown and Richard R. Clifton, Circuit Judges, and David Alan Ezra, District Judge.[**] Opinion by Judge McKeown.

OPINION

Page 1181

McKEOWN, Circuit Judge:

Dalia Rashdan (Mohamed) was enrolled in a dentistry program for international students at the University of the Pacific. She appeals from the district court's grant of summary judgment in favor of the University and several instructors and administrators on her claim of national origin discrimination in violation of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § § 2000d et seq. We join our sister circuits in holding that the McDonnell Douglas framework for disparate treatment claims under Title VII applies to Rashdan's ...


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