Autozone

MEMORANDUM

Al Aeii brought suit against AutoZone, Inc., and AutoZone West, Inc. (collectively “AutoZone”), his former employer, under the provisions of California’s Fair Employment and Housing Act (“FEHA”).Cal. Gov’t Code § 12920, et seq. Acii asserted AutoZone terminated his employment because of his age. Id. § 12940(a) (making it an unlawful employment practice “[f]or an employer, because of the ... age ... of any person, to ... discharge the person from employment”). Relying on the California Supreme Court’s decision in Harris v. City of Santa Monica, 56 Cal.4th 208 , 152 Cal.Rptr.3d 392 , 294 P.3d 49, 66 (2013), the district court instructed the jury that to prevail on his age-discrimination claims, Acii had to prove age was a substantial motivating reason for his discharge. The jury entered a unanimous verdict in favor of AutoZone.

Acii contends that the district court erred (1) in instructing the jury that to rule for him it must conclude age was a “substantial motivating reason,” rather than simply a “motivating reason,” for the discharge; and (2) in failing to sua sponte reopen the case and allow him to present more evidence after concluding that, to prevail, he must…