Margaret Branscomb v. Group Usa, Inc.

MEMORANDUM *

Plaintiff Margaret Branscomb (“Bran-scomb”) appeals the district court’s grant of summary judgment in favor of her former employer, Group USA, Inc. (“Group USA”), on her claims of race discrimination under Title VII and 42 U.S.C. § 1981 , age discrimination under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623 , and perceived disability discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12112 . We affirm the district court’s judgment as to Branscomb’s age and perceived disability claims. As to Branscomb’s race discrimination claim, we reverse.

We review de novo the district court’s grant of summary judgment. Cline v. Indus. Maint. Eng’g & Contracting Co., 200 F.3d 1223 , 1228 (9th Cir.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 Branscomb presented sufficient evidence to raise a triable issue of fact as to whether Miller’s decision to terminate her was pretextual.

Branscomb presented evidence that Flores was less qualified for the alterationist position and performed in an inferior manner. Specifically, Flores’s…