Culver
Culver v. Qwest Communications Corp.
Opinion
Lead Opinion
MEMORANDUM *
The facts and procedural history of this case are known to the parties and we do not repeat them here, except as is necessary to explain our decision. Rick Culver appeals the district court’s order granting summary judgment to defendants Qwest Communications Corporation and Qwest Corporation (“Qwest”) on his Oregon state law claims of age discrimination and workers’ compensation retaliation. We affirm.
On a motion for summary judgment, we evaluate Oregon age discrimination claims using the three part burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). See Snead v. Metro. Prop. & Cas. Ins. Co., 237 F.3d 1080, 1091-93 (9th Cir.2001) (acknowledging that Oregon courts do not use the McDonnell formula but holding that, as a federal procedural rule, a federal court sitting in diversity should apply it). Under the McDonnell Douglas framework, a plaintiff must first establish a prima facie case of unlawful discrimination. Lyons v. England, 307 F.3d 1092, 1112 (9th Cir. 2002). If the plaintiff succeeds in establishing a prima facie case, the burden of production then shifts to the employer “to…