Durante

Durante v. Qualcomm, Inc.

Good Law
144 F. App'x 603
United States Court of Appeals for the Ninth CircuitAugust 1, 2005No. 03-56255California1,864 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs appeal the district court’s grant of summary judgment in favor of their former employer, Qualcomm, Inc. (“Qualcomm”), in their action alleging age discrimination in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 623-634 (“ADEA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court. We conclude that the district court did not err when it rejected plaintiffs’ challenge to the subjective nature as a whole of Qualcomm’s employee termination decisions.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs are former employees of Qualcomm, a corporation engaged in the business of developing advanced communication systems and products based on digital wireless technologies. In February 1999, Qualcomm conducted a company-wide reduction in force (“RIF”) which resulted in plaintiffs’ terminations. At the time of the RIF, Qualcomm was organized into six different business divisions, employing over 8,000 people. Each business division was organized into different departments, numbering over 700 departments in total. Of the approximately 465 Qualcomm employees who were terminated, approximately 190 employees, or 41…

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