West

Defendant Bechtel Corporation appeals from a judgment for plaintiff William West and from the order denying its motion for judgment notwithstanding the verdict after a jury trial of West’s claims of breach of an employment contract, and employment discrimination based on age in violation of the California Fair Employment and Housing Act (Gov. Code, § 12940 et seq.; FEHA). We reverse and direct entry of judgment for Bechtel Corporation.

I. Background

West is an engineer who worked his entire career for Bechtel-affiliated companies. “Bechtel” is a trademark of an organization of about 150 engineering and construction companies, which is headquartered in San Francisco and operates worldwide (hereafter Bechtel). Bechtel maintains a universal database for employees around the world called the Human Resources Information System, or HRIS. All Bechtel affiliates have access to the HRIS, which can be used to put together project teams on short notice. The HRIS tracks continuous service with Bechtel, and employees are given mementos such as plaques to commemorate, as Bechtel’s human resources manager Patrick Morgan put it at trial, years of service with “the company.”

West…