Freeman

BACKGROUND

24 The Court need not recount all background facts set forth in its prior order. 25 (See May 19, 2020 Order, ECF No. 17.) Instead, the Court states the facts necessary to 26 reach its decision. The facts below are undisputed. (See Defendant’s Statement of 27 28 Undisputed Facts, ECF No. 46-2; Plaintiff’s Statement of Undisputed Facts1, ECF No.

48-4.)

Plaintiff Bennie Freeman is a Black man who has been working for Defendant

County of Sacramento Department of Human Assistance since 2004. (Freeman Decl.

¶¶ 1, 3, ECF No. 48-2.) In 2017, he applied and was qualified for two jobs—Human

Services Supervisor and Human Services Social Worker—for which Defendant was seeking applicants. (Id. ¶¶ 14, 18.) After interviewing for the positions, he was rejected from both. (Id. ¶¶ 17, 32.) Defendant instead hired other applicants to fill the positions. (Id. ¶¶ 17, 33.) Alleging that he was not hired because of racial discrimination, Plaintiff filed a complaint with the California Department of Fair Employment and Housing (“DFEH”) and obtained a Notice of Right to Sue from the U.S. Equal Employment Opportunity…