Horne

This matter comes before us on remand from the California Supreme Court, which granted review of our previous decision in the case. After issuing its opinion in Salas v. Sierra Chemical Co. (2014) 59 Cal.4th 407 [ 173 Cal.Rptr.3d 689 , 327 P.3d 797 ] (Salas) (certiorari denied (2014) 574 U.S. _ [ 190 L.Ed.2d 627 , 135 S.Ct. 755 ]), the Supreme Court transferred these proceedings back to our court for reconsideration in light of Salas . By order dated September 9, 2014, we vacated our prior decision and requested that the parties file supplemental briefing pursuant to California Rules of Court, rule 8.200(b)(1). Both parties have done so.

The genesis of this dispute is an employment discrimination action filed by appellant Raymond E. Home (Horne) in which the trial court granted summary judgment in favor of respondent District Council 16 International Union of Painters and Allied Trades (District Council 16). In particular, the trial court held that — because Horne was unable to establish that he was qualified for the union organizer position he unsuccessfully sought — he had failed to state a prima facie case of racial discrimination in violation of the California Fair…