Philip Lawrence v. Turner's Outdoorsman Corp.

MEMORANDUM

Philip Lawrence appeals the district court’s grant of summary judgment in favor of his former employer, Turner’s Out-doorsman, Inc. (“Turner’s”), as to his claims for race discrimination and harassment, retaliatory discharge, and wrongful termination in violation of public policy under California’s Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code §§ 12940-12996. Lawrence served as Turner’s’ Loss Prevention Director from June 2002 through January 2006, when he was terminated by Turner’s’ former President, Don Small.

We review de novo the district court’s grant of summary judgment. Cline v. Industrial Maintenance Engineering & Contracting Co., 200 F.3d 1223, 1228 (9th Cir. 2000). In evaluating both discrimination and retaliation claims under FEHA, California looks to federal precedent governing analogous federal anti-discrimination laws. See Guz v. Bechtel National, 24 Cal.4th 317, 354 , 100 Cal.Rptr.2d 352 , 8 P.3d 1089 (2000).

Applying the burden-shifting analysis under McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), we conclude that Lawrence presented sufficient evidence to raise a triable issue of fact as to whether…