Seabron

MEMORANDUM *

The district court did not err in granting summary judgment on Seabron’s claim of race discrimination in violation of California’s Fair Employment and Housing Act (“FEHA”), Cal. Gov.Code § 12900, et. seq. In considering FEHA claims in diversity actions, federal courts apply the three-stage burden-shifting test established by the United States Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Guz v. Bechtel Nat’l, Inc., 24 Cal.4th 317, 354 , 100 Cal.Rptr.2d 352 , 8 P.3d 1089 (2000).

In applying the McDonnell Douglas analysis, the district court found that Seabron had established a prima facie case of discrimination. However, the district court also found that Sony had rebutted the case by offering a legitimate, nondiscriminatory basis for its employment decision, namely a corporate restructuring of the department where Seabron worked to develop a stronger presence in Mix Shows. The result of the restructuring was that Seabron was replaced by a person who allegedly had more experience in that area. At that point, in order to avoid summary judgment, Seabron was obligated to show that there was a genuine issue of…