Johnson v. Boys & Girls Clubs of South Puget Sound

MEMORANDUM **

Appellant Devielle Johnson, an African-American, sued his former employer The Boys & Girls Club of South Puget Sound (“the Club”) under Washington law RCW 49.60 et seq., 42 U.S.C. § 1981 , and 42 U.S .C. § 2000e et seq. (Title VII), alleging race discrimination, wrongful termination and retaliation. 1 He also alleged *544 •wrongful termination based on breach of employment contract, claiming that the Club breached its promise to provide progressive discipline as stated in its employee handbook. The district court granted summary judgment in favor of the Club on all causes of action and Johnson challenges that ruling.

We review de novo the district court’s grant of summary judgment. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). We must determine, viewing the evidence in the light most favorable to Johnson, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Olsen v. Idaho State Bd. of Medicine, 363 F.3d 916 , 922 (9th Cir.2004). We affirm in part, and reverse and remand in part.

A. Discrimination—Failure to Promote

Pursuant to the burden-shifting framework of McDonnell Douglas v.…