Sauer

MEMORANDUM **

Gerald Sauer (Sauer) appeals the district court’s order granting summary judgment in favor of McDonald’s Corporation (McDonald’s) on Sauer’s claims under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq.

McDonald’s produced statistical evidence establishing that its corporate restructuring, and the methods used to effectuate it, did not have a disparate impact on persons at least 40 years of age. Sauer produced no evidence, apart from his own bare allegations, to demonstrate otherwise. In view of the record before it, the district court properly determined that there was no evidence from which a reasonable juror could conclude that McDonald’s conduct had a significant impact on the protected class. See Pottenger v. Potlatch, 329 F.3d 740, 749 (9th Cir.2003).

McDonald’s also articulated legitimate non-discriminatory reasons for its refusal to re-hire Sauer: his mediocre prior performance and his low assessment score, calculated in conjunction with the corporate restructuring.

Sauer’s argument that McDonald’s proffered reason is pretextual is unavailing. In comparison to his peers, Sauer’s work history was average at best. Additionally, the…