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Meirhofer v. Smith's Food & Drug Centers Inc.

United States Court of Appeals, Ninth Circuit
Feb 23, 2011
415 F. App'x 806 (9th Cir. 2011)

Summary

stating that "assuming arguendo, that hostile work environment claims are cognizable under the ADA," the facts of the case did not state such a claim

Summary of this case from Toma v. Univ. of Haw.

Opinion

No. 09-17702.

Submitted February 18, 2011.

The panel unanimously concludes this case is suitable without oral argument. See Fed.R.App.P. 34(a)(2).

Filed February 23, 2011.

Stephen Montoya, Montoya Jimenez, PA a Professional Association of Lawyers, Phoenix, AZ, John E. Osborne, Esquire, William C. Bacon, Esquire, Maria Del Pilar Mendoza, Esquire, Goldberg Osborne, Tucson, AZ, for Plaintiffs-Appellants.

Raymond M. Deeny, Esquire, Sherman Howard, LLC, Colorado Springs, CO, William A Wright, Esquire, Sherman Howard, LLC, Denver, CO, Michael C. Grubbs, Esquire, Sherman Howard LLC, Phoenix, AZ, for Defendants-Appel-lees.

Appeal from the United States District Court for the District of Arizona, Raner C. Collins, District Judge, Presiding. D.C. No. 4:07-cv-00422-RCC.

Before: O'SCANNLAIN and TROTT, Circuit Judges, and CAMPBELL, Senior District Judge.

The Honorable Tena Campbell, Senior District Judge for the U.S. District Court for Utah, Salt Lake City, sitting by designation.



MEMORANDUM

This disposition is not appropriate for publication and except as provided by Ninth Circuit Rule 36-3.

James Meirhofer appeals from the district court's summary judgment in favor of his employer on his hostile work environment claim under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. The facts are known to the parties and will not be repeated here except to the extent necessary.

Assuming, arguendo, that hostile work environment claims are cognizable under the ADA, we conclude that Meirhofer's allegations do not rise to the level of "a discriminatorily hostile or abusive environment." Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). At most, the derogatory nickname and occasional insulting comments constituted "simple teasing" and "isolated incidents" and were not sufficiently severe or pervasive to alter the terms and conditions of his employment and create an abusive work environment. Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998).

AFFIRMED.


Summaries of

Meirhofer v. Smith's Food & Drug Centers Inc.

United States Court of Appeals, Ninth Circuit
Feb 23, 2011
415 F. App'x 806 (9th Cir. 2011)

stating that "assuming arguendo, that hostile work environment claims are cognizable under the ADA," the facts of the case did not state such a claim

Summary of this case from Toma v. Univ. of Haw.

stating that "assuming arguendo, that hostile work environment claims are cognizable under the ADA," the facts of the case did not state such a claim

Summary of this case from Toma v. Univ. of Haw.

proceeding with assumption that hostile work environment claims are cognizable under the ADA and finding that unwelcome conduct was not sufficiently severe or pervasive to rise to the level of a hostile work environment

Summary of this case from Knox v. Donahoe
Case details for

Meirhofer v. Smith's Food & Drug Centers Inc.

Case Details

Full title:James R. MEIRHOFER; Ann L. Meirhofer, Plaintiffs-Appellants, v. SMITH'S…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 23, 2011

Citations

415 F. App'x 806 (9th Cir. 2011)

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