FRANCIS SAITTA V. TUCSON UNIFIED SCHOOL DISTRICT, No. 15-16155 (9th Cir. 2016)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 4 2016 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT FRANCIS PATRICK SAITTA, Plaintiff-Appellant, v. No. U.S. COURT OF APPEALS 15-16155 D.C. No. 4:14-cv-02074-JGZ MEMORANDUM* TUCSON UNIFIED SCHOOL DISTRICT, Defendant-Appellee. Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, District Judge, Presiding Submitted September 27, 2016** Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges. Francis Patrick Saitta appeals pro se from the district court’s summary judgment in his employment discrimination action alleging a disparate impact claim under the Age Discrimination in Employment Act (“ADEA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Johnson v. Henderson, * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 314 F.3d 409, 413 (9th Cir. 2002), and we affirm. The district court properly granted summary judgment because Saitta failed to raise a genuine dispute of material fact as to whether defendant’s hiring practice produced an age-based disparate impact. See Stockwell v. City & County of San Francisco, 749 F.3d 1107, 1115 (9th Cir. 2014) (disparate impact claimant “must demonstrate a statistical disparity affecting members of the protected group”); see also Rose v. Wells Fargo & Co., 902 F.2d 1417, 1421 (9th Cir. 1990) (“[P]laintiff must actually prove the discriminatory impact at issue, rather than merely an inference of discriminatory impact.”). AFFIRMED. 2 15-16155

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