Sirridge

MEMORANDUM *

John Sirridge appeals the district court’s grant of summary judgment for defendant Bar-S Food Company (“Bar-S”). Sirridge brought an action under the Age Discrimination in Employment Act (“ADEA”), the Americans with Disabilities Act (“ADA”), and the Arizona Civil Rights Act, A.R.S. § 41-1463, alleging Bar-S terminated him on the basis of age and disability. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The parties are familiar with the facts and we do not recount them here except as necessary for our disposition. As a preliminary matter, Sirridge waived his ADA discrimination claim and his ADEA disparate impact claim by failing to argue those claims in his opening brief. See Kennedy v. Lockyer, 379 F.3d 1041, 1063 (9th Cir.2004).

Regarding Sirridge’s ADEA disparate treatment claim, we assume for purposes of our disposition that Sirridge established a prima facie claim of disparate treatment under the ADEA. See Wallis v. J.R. Simplot Co., 26 F.3d 885, 891 (9th Cir.1994). Bar-S proffered two legitimate, non-dis *949 criminatory reasons for Sirridge’s discharge: (1) Sirridge’s insubordination toward Bar-S’s Chief Operating Officer Robert Uhl; and (2)…