Zelaya
Zelaya v. Coca-Cola Co.
Opinion
Lead Opinion
MEMORANDUM *
Plaintiff/appellant Melvin Zelaya, a native of Nicaragua, filed suit against Coca-Cola under 42 U.S.C. § 2000 (e) (“Title VII”), 42 U.S.C. § 1981 , and 29 U.S.C. § 621 (Age Discrimination in Employment Act or “ADEA”), alleging discrimination based on national origin and age. Additionally, Zelaya alleged that Coca-Cola retaliated against him in violation of Title VII after he filed a discrimination complaint with the federal Equal Employment Opportunity Commission (“EEOC”). The district court granted summary judgment in favor of Coca-Cola on all causes of action and Zelaya filed this timely appeal. We affirm.
We review the district court’s grant of summary judgment de novo, Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004), in order to determine, viewing the evidence in the light most favorable to Zelaya, whether there are any genuine issues of material fact and whether the district *811 court correctly applied the relevant substantive law. Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). Summary judgment may be affirmed on any ground supported by the record. En-low v. Salem-Keizer Yellow Cab Co., 371 F.3d 645, 649 (9th Cir.2004).