Kevin Kelleher v. Hertz Corporation

MEMORANDUM

Kevin Kelleher (“Plaintiff’) appeals the district court’s grant of summary judgment to his former employer, Hertz Corporation (“Hertz”), in Plaintiffs diversity action alleging age discrimination in violation of California Government Code Section 12940 and wrongful termination in violation of public policy. Both claims rely on Plaintiffs allegation that Hertz engaged in unlawful age discrimination. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

California has adopted the Supreme Court’s three-step burden shifting test for discrimination claims set forth in McDonnell Douglas Corporation v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). See Guz v. Bechtel Nat’l, Inc., 24 Cal.4th 317 , 100 Cal.Rptr.2d 352 , 8 P.3d 1089, 1113 (Cal.2000). Plaintiff must first establish a prima facie case of age discrimination by providing evidence that: “(1) he was a member of a protected class, (2) he was qualified for the position he sought or was performing competently in the position he held, (3) he suffered an adverse employment action, such as termination, demotion, or denial of an available job, and (4) some other circumstance suggests discriminatory…