Brent Dean v. Avis Budget Car Rental, LLC

MEMORANDUM

In this diversity action, Plaintiffs Brent Dean and Michael Wilson seek review of the district court’s decision to grant summary judgment in favor of Defendant Avis Budget Car Rental, LLC, on their state law retaliation claims and on Wilson’s state law racial discrimination claim. We apply Washington law. See Goldberg v. Pac. Indem. Co., 627 F.3d 752, 755 (9th Cir.2010) (“[Fjederal courts are to apply state substantive law and federal procedural law to diversity cases.”). “We review de novo the district court’s grant of summary judgment.” Rohr v. Salt River Project Agric. Improvement & Power Dist., 555 F.3d 850, 857 (9th Cir.2009). Using that standard, we affirm.

1. Plaintiffs’ retaliation claims arise under the Washington Law Against Discrimination (“WLAD”), Wash. Rev.Code §§ 49.60.010 to 49.60.505. Relevant to this case, it is an unfair practice for an employer to discharge or otherwise discriminate against a person “because he or she has opposed any practices forbidden by this chapter.” Id. § 49.60.210(1). Washington applies a three-step burden-shifting analysis to retaliation claims. Francom v. Costco Wholesale Corp., 98 Wash.App. 845 , 991 P.2d 1182, 1191 (2000);…