James Meirhofer v. Smith's Food and Drug Centers

415 F. App'x 806

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 23, 2011
• Docket: 09-17702
• Status: Unpublished

Opinion

MEMORANDUM ***

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.” Har ris 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.

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