Banquells

MEMORANDUM *

Alejandro Banquells appeals the district court’s grant of summary judgment in favor of Nestle Prepared Foods Company, d/b/a Chef America, Inc., in his action under the Fair Employment and Housing Act, Cal. Gov’t Code § 12900 et seq. (“FEHA”).

Banquells’ claim for unlawful discrimination fails because Nestle offered a legitimate, non-discriminatory reason for its action and Banquells did not offer any evidence to show that Nestle’s justification was pretextual. See Guz v. Bechtel National, Inc., 24 Cal.4th 317 , 100 Cal.Rptr.2d 352 , 8 P.3d 1089, 1113 (2000) (adopting the three-stage burden-shifting test in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), for discrimination claims under the FEHA). Uncontroverted testimony from Nestle officials indicated that Nestle would have returned Banquells to work had the finger injury been the only concern, and that the sole reason for not returning Banquells to work was the lack of any information regarding his stress-related injuries. See Guz, 100 Cal.Rptr.2d 352 , 8 P.3d at 1115-16 (“[Ljegitimate reasons ... are reasons that are facially unrelated to prohibited bias, and which, if true,…