Mayes v. WinCo Holdings, Inc.

Employee raised genuine issue of material fact sufficient to survive summary judgment on gender discrimination claim, after she introduced evidence of disparate treatment of male colleagues and of her immediate supervisor’s discriminatory remarks about having a woman in plaintiff’s position.  The district court erred in granting the defendant employer summary judgment in this sex discrimination in employment case.  Plaintiff rebutted the employer’s evidence of termination for a non-discriminatory reason with direct evidence of her immediate supervisor’s discriminatory remarks about having a woman in plaintiff’s position and by evidence showing that male supervisors had done what plaintiff did without getting fired as plaintiff was.

Ninth Circuit Court of Appeals (Christen, J.); February 3, 2017; 2017 WL 461484

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