Equal Employment Opportunity Commission v. Tin, Inc.

MEMORANDUM *

The Equal Employment Opportunity Commission (EEOC) appeals from the district court’s summary judgment for employer TIN, Inc. (TIN) on the EEOC’s Age Discrimination in Employment Act (ADEA) claims arising out of TIN’S termination of Neal, McGraw and Vanecko. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s summary judgment de novo, Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004), and we reverse.

The district court properly held that the EEOC established a prima facie ease of disparate treatment under the ADEA as to Neal, McGraw and Vanecko. However, TIN argues that the EEOC did not make a showing that Neal was performing his job satisfactorily, as is required at the prima facie stage of an ADEA analysis. “The requisite degree of proof necessary to establish a prima facie case for ... ADEA claims on summary judgment is minimal and does not even need to rise to the level of a preponderance of the evidence.” Wallis v. J.R. Simplot Co., 26 F.3d 885, 889 (9th Cir.1994). The EEOC provided evidence that Neal never received a negative performance review or warning that his job was in jeopardy; that his…