John France v. Jeh Johnson

John France appeals the district court’s entry of summary judgment in favor of the United States Department of Homeland Security in this action alleging violation of the Age Discrimination in Employment Act (“ADEA”). We review a grant of summary judgment de novo. See Pac. Shores Props., LLC v. City of Newport Beach, 730 F.3d 1142, 1156 (9th Cir.2013). Viewing the evidence in the light most favorable to France, the non-moving party, we must decide whether there are any genuine disputes of material fact and whether the district court correctly applied the substantive law. See Olsen v. Idaho St. Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). Because there are genuine disputes of material fact and the district court erred in applying our precedents, we reverse and remand for further proceedings.

I

France is a border patrol agent assigned to the Tucson Sector of Border Patrol, an agency of the United States Department of Homeland Security. In March 2007, the newly appointed Tucson Sector Chief Patrol Agent, Robert Gilbert, established a pilot program named “Architecture for Success,” which split Assistant Chief Patrol Agents (“ACPA”) into two categories: operations and…