Marcus Nelson v. Quality Food Centers Inc

Good Law
368 F. App'x 817
United States Court of Appeals for the Ninth CircuitMarch 2, 201009-35278California720 words

Opinion

Opinion

MEMORANDUM

Appellant Marcus Nelson (“Nelson”) appeals the district court’s grant of summary judgment and denial of his motion for reconsideration of his claims against Appel-lees Quality Food Centers, Inc. (“QFC”), and Robert Callahan (“Callahan”), for violations of: (1) the civil rights act of 1866, 42 U.S.C. § 1981 ; (2) the civil rights act of 1964, 42 U.S.C. § 2000e et seq.; and (3) discrimination pursuant to Washington state law, Wash. Rev.Code 49.60.010, on the ground that Nelson failed to meet his burden pursuant to McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). For the reasons stated below, this Court AFFIRMS the district court.

Nelson alleges he was the victim of employment discrimination in violation of federal and state law. Title VII makes it unlawful for an employer to “discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race....” 42 U.S.C. § 2000e-2(a)(1).

The parties agree that McDonnell Douglas, 411 U.S. 792 , 93 S.Ct. 1817 governs Nelson’s claims. Under this framework, the plaintiff has the initial burden of establishing his…

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