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The full case caption appears at the end of this opinion.

Facts

Plaintiff Gwendolyn Carmen holds state certification to teach elementary school. For many years, she worked as a day to daysubstitute teacher in San Francisco. Though she does not speak, read or write Chinese, she worked as a long-term substituteteacher in a fifth grade Chinese bilingual class during the 1991-92 school year. She had a Chinese-speaking teacher’ s aide.

Carmen lost the long-term substitute Chinese bilingual job for the 1992-93 school year to Eleanor Chan. Both Chan andCarmen lacked bilingual education certificates, but Chan spoke Chinese. Carmen sued the school district, claiming that she wasdiscriminated against in this appointment because she is Black. [FOOTNOTE 2]The district court granted summary judgmentagainst her.

 
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