Browne

MEMORANDUM *

Appellant/Plaintiff Peter Browne (“Browne”) brought an action under federal and state law for race and age discrimination against his former employer, Microsoft Corporation and Microsoft Licensing, Inc. (collectively “Microsoft”). Browne also asserted common law claims of negligent misrepresentation and/or promissory estoppel. Microsoft filed five motions for summary judgment and the district court granted all five motions.

Browne asserted that Microsoft denied him jumbo stock option grants as a result of race and age discrimination. Taking the evidence in a light most favorable to Browne, a genuine issue of material fact exists regarding this claim. Lawson v. Washington, 296 F.3d 799, 803-04 (9th Cir.2002); see also Aragon v. Republic Silver State Disposal, Inc., 292 F.3d 654, 659-60 (9th Cir.2002).

The district court also granted summary judgment in favor of Microsoft on Browne’s claims for frontpay and back-pay. Because there is a dispute in the record regarding whether the available jobs were equivalent, there remains a genuine issue of material fact as to whether Browne failed to adequately seek employment. See Caudle v. Bristow Optical Co., 224 F.3d 1014,…