Phiyen Lessor v. J C Penny Corp Inc.

MEMORANDUM

Lessor is a Vietnamese immigrant who was given fewer opportunities than Caucasian stylists to attract customers, and was terminated from employment despite having been previously promoted. Thus, she established a prima facie case of discrimination by showing that (1) she is a member of a protected class; (2) she was qualified for the position; (3) she experienced an adverse employment action; and (4) similarly situated individuals outside her protected class were treated more favorably. See Cornwell v. Medra Cent. Credit Union, 439 F.3d 1018, 1028 (9th Cir.2006) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973)).

J.C. Penney gave a legitimate, nondiscriminatory reason for terminating Lessor that was sufficient to rebut a prima facie case of discrimination. See Noyes v. Kelly Servs., 488 F.3d 1163, 1169 (9th Cir.2007). It claimed she was terminated for refusing to accept a “performance plan” created for her after several customer complaints. But there were genuine issues of material fact as to whether J.C. Penney’s stated reason for terminating Lessor’s employment was pretextual. “[W]e have repeatedly held that a single…