Kenney

MEMORANDUM *

Appellant Malachi Kenney appeals the district court’s order granting summary *810 judgment to Peter Piper, Inc. (“PPI”) based on Kenney’s failure to raise a genuine issue of material fact regarding pretext. Kenney brought suit against his former employer for failure to promote and wrongful termination under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. We affirm in part; reverse in part and remand.

A district court’s grant of summary judgment is reviewed de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). “This Court has set a high standard for the granting of summary judgment in employment discrimination cases.” Schnidrig v. Columbia Machine, Inc., 80 F.3d 1406, 1410 (9th Cir.1996).

Kenney argues that he was terminated based on his age. To evaluate Kenney’s age discrimination claim, we use the analytical framework developed in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). We agree with the district court that Kenney established a prima facia case of discrimination and that PPI proffered a legitimate non-discriminatory reason for his termination. The district court determined, however, that…