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E.E.O.C. v. BOEING CO.

No. 07-16903.

577 F.3d 1044 (2009)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. The BOEING COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 18, 2009.

Attorney(s) appearing for the Case

Anne Noel Occhialino (authored briefs and argued), Equal Employment Opportunity Commission, Washington, D.C., for the plaintiff-appellant.

Tibor Nagy, Jr. (argued) and Erica K. Rocush (authored brief), Ogletree, Deakins, Nash, Smoak & Stewart, Tucson, AZ, for the defendant-appellee.

Before MICHAEL DALY HAWKINS, MARSHA S. BERZON, and RICHARD R. CLIFTON, Circuit Judges.

HAWKINS, Circuit Judge:

The Equal Employment Opportunity Commission ("EEOC") appeals, on behalf of charging parties Antonia Castron ("Castron") and Renee Wrede ("Wrede"), the grant of summary judgment to Boeing in this action under Title VII of the Civil Rights Act of 1964. Boeing terminated Castron and Wrede after they received low scores on reduction-in-force ("RIF") assessments, which Boeing uses to evaluate employees when determining whom to lay off. We hold that...

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