Garner

MEMORANDUM *

Captain Charles Garner (“Garner”) appeals the district court’s grant of summary judgment in favor of Delta Airlines Inc. (“Delta”) on Garner’s retaliation claim pursuant to the Age Discrimination in Employment Act, 29 U.S.C. § 623 (d). We review the district court’s grant of summary judgment de novo. Warren III v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir.1995). We reverse.

To establish a prima facie case of retaliation, Garner must show that: (1) he “engaged in statutorily protected activity”; (2) “he was discharged or suffered some other adverse employment action”; and (3) “there is a causal connection” between the protected activity and the adverse employment action. O’Day v. McDonnell Douglas Helicopter Co., 79 F.3d 756, 763 (9th Cir.1996). Only the third element is at issue in this case, because Delta does not dispute that Garner established elements one and two.

To prevail under the summary judgment standard, Garner must present facts supporting a prima facie case of retaliation. Warren III, 58 F.3d at 442 . If Garner “establishes a prima facie case, the burden of production shifts to [Delta] to articulate a legitimate, non-discriminatory reason” for…