Sarah M. Persley, Plaintiff-appellant, v. Pacific Bell Directory, Defendant-appellee, 73 F.3d 370 (9th Cir. 1995)

MEMORANDUM^*** 

Sarah M. Persley appeals pro se the district court's grant of Pacific Bell Directory's motion for summary judgment on her claim brought pursuant to the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634.¹  We have jurisdiction, 28 U.S.C. § 1291, and we affirm.

Persley has come forward with no evidence to establish a prima facie case of age discrimination. See Sakellar v. Lockheed Missiles & Space Co., 765 F.2d 1453, 1455 (9th Cir. 1985), cert. denied, 474 U.S. 1084 (1986). But even assuming she satisfied this threshold burden, Pacific Bell Directory met its burden to "articulat [e] some legitimate, nondiscriminatory reason for its conduct." Steckl v. Motorola, Inc., 703 F.2d 392, 393 (9th Cir. 1983) (internal quotations omitted). The uncontroverted evidence proved that Pacific Bell Directory phased out the division in which Persley was working due to technological developments, and that it did so in conformance with the nondiscriminatory procedures found in the Collective Bargaining Agreement.

Once Pacific Bell Directory presented evidence that it took the adverse action for other than an impermissibly discriminatory reason, "the burden then returned to [Persley] to demonstrate that [Pacific Bell Directory's] explanation was but a pretext for discrimination." Id. To meet this burden, Persley was required to come forward with "specific, substantial evidence of pretext," id., which she failed to do. Although Persley alleged that employees who were younger and who had similar qualifications transferred into other jobs with Pacific Bell Directory for which she also had applied, she presented no evidence to support this allegation. And the affidavit of a coworker on which Persley relies does not raise a genuine issue of material fact on the issue of pretext. We conclude therefore that the court properly entered summary judgment in favor of Pacific Bell Directory.

AFFIRMED.