Mark Rome v. Smithkline Beecham Corporation

MEMORANDUM

Following a bench trial, the district court entered judgment in favor of Smith-Kline Beecham Corporation (“GSK”) on Mark Rome’s claims of age-based discrimination, harassment, retaliation, and breach of contract. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. Discrimination. The district court did not clearly err in rejecting Rome’s claim that GSK terminated his employment because of age-based discrimination. See Crockett & Myers, Ltd. v. Napier, Fitzgerald & Kirby, LLP, 583 F.3d 1232, 1236 (9th Cir.2009) (clear error standard of review); Cal. Gov’t Code § 12940(a) (prohibition on age-based discrimination). Though GSK’s investigation of Rome’s alleged violation of GSK’s grants policy left much to be desired, the district court’s view that Rome’s employment was not terminated because of his age “is plausible in light of the record viewed in its entirety,” and, therefore, must be affirmed “even if the reviewing court would have weighed the evidence differently had it sat as the trier of fact.” Lahoti v. VeriCheck, Inc., 586 F.3d 1190, 1196 (9th Cir.2009) (citation and quotation omitted).

Nor did the district court clearly err in accepting GSK’s…