Schuler v. Chronicle Broadcasting Co. Inc.
| Citation | 793 F.2d 1010 |
| Decision Date | 08 July 1986 |
| Docket Number | No. 84-2740,KRON-TV and I,84-2740 |
| Parties | 42 Fair Empl.Prac.Cas. 1699, 41 Empl. Prac. Dec. P 36,480 Rosario SCHULER, Plaintiff-Appellant, v. CHRONICLE BROADCASTING COMPANY, INC., dbanternational Brotherhood of Electrical Workers, Local 202, Defendants-Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Rosario Schuler, Oakland, Cal., for plaintiff-appellant.
Robert M. Lieber, Gary P. Scholick, Littler, Mendelson, Fastiff, et al., San Francisco, Cal., for defendants-appellees.
Appeal from the United States District Court for the Northern District of California.
Before GOODWIN, NORRIS and BRUNETTI, Circuit Judges.
Rosario Schuler, a black female employed by defendant KRON-TV as a part-time temporary technician for three months, sued her employer for racial discrimination in giving a permanent job to a white male. She appeals from summary judgment for the employer.
Schuler's duties consisted initially of operating studio cameras. Her performance as a camera operator was adequate, so an assistant chief engineer decided to train her in another skill involving video tape and other equipment. After receiving a complaint about her efficiency, the engineer reassigned her to camera operation.
Two months later, while still a temporary employee, plaintiff was given an extension of temporary employment to replace a permanent technician who was on a 90-day maternity leave. Schuler was one of five such supplemental temporary technicians. When the woman Schuler had temporarily replaced submitted a written resignation to KRON, Schuler and other temporary employees applied for the resulting opening for a full-time permanent technician. The employer selected Robert Larson, a white male, who was one of the five applicants. With Larson permanently filling the vacated position, Schuler was no longer needed as a temporary substitute and her job was terminated.
To withstand an employer's motion for summary judgment in a discrimination suit, the employee must do more than establish a prima facie case and deny the credibility of the employer's witnesses. Steckl v. Motorola, Inc., 703 F.2d 392 (9th Cir.1983). The plaintiff must also offer specific and significantly probative evidence that the employer's alleged purpose is a pretext for discrimination.
Assuming that Schuler established a prima facie case of discrimination, she failed to allege sufficient facts to show that KRON's reason for giving Larson the permanent job was a mere pretext. The employer's affidavits contain evidence that Larson was a more competent technician than Schuler. Plaintiff denies the credibility of this evidence and says repeatedly that she "felt" competent and was "confident of [her] skills." These subjective personal judgments do not raise a genuine issue of material fact. Smith v. Flax, 618...
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...as irrelevant Mr. McIntosh's belief that his qualifications warranted a higher GS level. See Schuler v. Chronicle Broadcasting Co., Inc., 793 F.2d 1010, 1011 (9th Cir. 1986) (plaintiff's feelings of competence and confidence in her skills were "subjective personal judgments" insufficient to......
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Pre-Trial Procedures and Documents
...her abilities are not in themselves sufficient to raise a genuine issue of material fact.”). • Schuler v. Chronicle Broadcasting Co. , 793 F.2d 1010, 1011 (9th Cir. 1986) (plaintiff’s “subjective personal judgments do not raise a genuine issue of material fact.”). • Holifield v. Reno , 115 ......