Herbert Meyer v. the Boeing Company

MEMORANDUM

Plaintiff Herbert Meyer appeals from the district court grant of summary in favor of The Boeing Company on Meyer’s claims for age discrimination, retaliation, failure to prevent discrimination, and wrongful termination. We have jurisdiction under 28 U.S.C. § 1291 and now affirm.

The undisputed facts show that Meyer was selected for layoff by means of an age-neutral scoring method. Meyer did not come forward with any evidence that this method was a pretext for age discrimination or retaliation for engaging in protected activity. See Guz v. Bechtel Nat'l, Inc., 24 Cal.4th 317, 354 , 100 Cal.Rptr.2d 352 , 8 P.3d 1089 (2000) (“California has adopted the three-stage burden-shifting test ... for trying claims of ... age discrimination.” (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973))); Yanowitz v. L’Oreal USA, Inc., 36 Cal.4th 1028, 1042 , 32 Cal.Rptr.3d 436 , 116 P.3d 1123 (2005) (same for retaliation claims). Not only is it undisputed that Meyer scored lowest in his group, it also is undisputed that Meyer’s job was totally eliminated; he was not replaced by a younger employee. See Coleman v. Quaker Oats Co., 232 F.3d 1271,…