Michelle Maliniak v. City of Tuscon

I respectfully dissent. The totality of the circumstances test for evaluating relatedness is inconsistent with our precedent in Porter v. California Department of Corrections, 419 F.3d 885 (9th Cir.2005). While the majority’s approach may be preferable to our current rule, its adoption here would actually weaken Maliniak’s claim.

*629Unlike other courts that have adopted a totality of the circumstances test,1 the Ninth Circuit evaluates relatedness based on particular factors: “[t]hus, to determine whether all of these events constitute ‘one unlawful employment practice,’ we consider whether they…