Jones

Jones v. Bayer Healthcare LLC

Good Law
302 F. App'x 590
United States Court of Appeals for the Ninth CircuitDecember 2, 2008No. 07-15555California423 words

Opinion

lead Opinion

*591 MEMORANDUM *

Jones appeals from the district court’s summary judgment entered in favor of Bayer Healthcare LLC (Bayer) on Jones’ claims of employment discrimination based on race and retaliation in employment. The district court had jurisdiction under 28 U.S.C. §§ 1331 and 1367, and we have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Jones did not establish a prima facie case of discrimination in his employment discrimination claim. He provided no evidence that he was performing his job according to Bayer’s legitimate expectations during the relevant time period, and he did not identify similarly situated employees outside the protected class who received more favorable treatment than he received. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Summary judgment to Bayer was therefore proper.

Jones did not demonstrate a genuine issue of material fact on the issue of pretext on his retaliation claim. The only competent evidence Jones offered on the issue of pretext was a January 24, 2003 union meeting, during which his coworkers allegedly made hostile comments regarding the fact that he had filed various internal…

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