Hooks
Hooks v. Lockheed Martin Skunk Works
Opinion
Lead Opinion
MEMORANDUM **
Kevin M. Hooks appeals the district court’s grant of summary judgment to Lockheed Skunk Works (“Lockheed”) in his action alleging racial discrimination in employment. We review the grant of summary judgment de novo, Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1219-20 (9th Cir.1998), relying on federal decisions to interpret the California Fair Employment and Housing Act. See id. at 1219 ; Nelson v. United Techs., 74 Cal.App.4th 597 , 88 Cal.Rptr.2d 239 , 249 n. 5 (Ct.App. 1999). Because the parties are familiar with the facts, we do not repeat them here.
I. Racial discrimination
Hooks must first establish a prima facie case of racial discrimination by showing that: (1) he belongs to a protected group, (2) he applied and was qualified for a job which was open for applications, (3) he was rejected, and (4) the position remained open after his rejection and the employer continued to seek applicants from persons of the plaintiffs qualifications. Lindahl v. Air France, 930 F.2d 1434, 1437 (9th Cir.1991). Hooks established a prima facie case.
The defendant must then articulate a legitimate, nondiseriminatory reason for the employment decisions. Godwin, 150 F.3d at 1220…