Zeinali

Plaintiff-Appellant Hossein Zeinali, who is of Iranian descent, was employed by Defendant-Appellee Raytheon Company for approximately four years. He alleges, inter alia, that Raytheon violated the California Fair Employment and Housing Act (FEHA), Cal. Gov.Code § 12940 et seq., by terminating him on the basis of his race and national origin after he was denied a security clearance by the Department of Defense. Raytheon contends that (1) per Department of the Navy v. Egan, 484 U.S. 518 , 108 S.Ct. 818 , 98 L.Ed.2d 918 (1988), federal courts lack jurisdiction to decide discrimination cases involving security clearance decisions, and (2) Zeinali has not introduced any evidence to satisfy his burdens under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), and Guz v. Bechtel National, Inc., 24 Cal.4th 317 , 100 Cal.Rptr.2d 352 , 8 P.3d 1089, 1113-14 (2000).

We hold that we have jurisdiction to adjudicate Zeinali’s discriminatory termination claim, as he does not dispute the merits of the executive branch’s decision to deny his security clearance application. Rather, he disputes the bona fides of Raytheon’s professed security…