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.
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.
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).