Hien Thi Nguyen v. Hung Cao, Acting Secretary of the Navy

Whether the district court and the Ninth Circuit misapplied Title VII and the Age Discrimination in Employment Act by granting and affirming summary judgment:

1. on Petitioner’s hostile work environment claim, by failing to apply the proper “terms and conditions of employment” framework and totality-of-thecircumstances analysis to evidence that Petitioner’s assigned supervisor refused to assume required supervisory responsibility at the outset of employment under the Engineer and Scientist Development Program (“ESDP”), and that Petitioner was denied workplace access, required to attend a security training class despite no security violation, denied meaningful tour assignments, and denied required supervisory duties under ESDP; and

2. on Petitioner’s discriminatory and retaliatory performance appraisal claim, by failing to analyze Petitioner’s timely challenge to the FY2010 NSPS performance appraisal and its use in subsequent performance-based actions, including termination, despite agency investigative records documenting “Prior EEO Activity” during her tours and reflecting that Petitioner’s May 2010 report of age and gender discrimination was treated as prior protected activity and a reprisal theory.