David Calderon v. Shell Pipeline Company, L.P.
Opinion
Opinion
MEMORANDUM
Plaintiff-Appellant David Calderon appeals the district court’s grant of summary judgment in favor of Defendant-Appellee Shell Pipeline Company, L.P., on Calderon’s claims of national origin discrimination, age discrimination, and retaliation, in violation of California’s Fair Employment and Housing Act. We reverse and remand the district court’s grant of summary judgment on Calderon’s retaliatory failure-to-hire claim. We affirm the district court in all other respects.
Applying the burden-shifting framework articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), the district court did not err in granting summary judgment on Calderon’s age and national origin discrimination claims. Shell adequately rebutted Calderon’s prima facie case of discrimination by showing that Calderon’s position was non-essential and was eliminated pursuant to a global reduction-in-force. Calderon’s statistical evidence regarding the protected characteristics of the individuals terminated at the Carson facility is insufficient to support an inference of pretext. See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1283 (9th Cir.2000).