Roark

Roark v. Levi Strauss & Co.

Good Law
58 F. App'x 276
United States Court of Appeals for the Ninth CircuitFebruary 5, 2003No. 01-17491; D.C. No. CV-00-02149-CWCalifornia630 words

Opinion

Lead Opinion

*277 MEMORANDUM *

After more than twenty years of employment with Levi Strauss & Co., plaintiff James Roark was terminated in 1999 at the age of 47, as part of a reorganization and reduction-in-force. He alleges that the company’s failure to retain him was based on illegal gender and age discrimination, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § § 621 et seq., respectively. Further, he contends that the company was bound by an implied agreement to terminate him only for good cause. The district court granted summary judgment for the defendant with respect to all claims. Roark appeals. Because Roark failed to establish prima facie cases of impermissible gender or age discrimination, and because there is no implied agreement to terminate only for good cause, we affirm.

Because the parties are familiar with the facts, we recite them only as necessary.

Legal questions in discrimination actions brought under Title VII and similar statutes are reviewed de novo, while a district court’s underlying factual findings are subject to clearly erroneous review. See Nichols v. Azteca…

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