Biggs

Biggs v. Hartford Financial Services Group, Inc.

Good Law
207 F. App'x 884
United States Court of Appeals for the Ninth CircuitNovember 27, 2006No. 04-17375California396 words

Opinion

Lead Opinion

MEMORANDUM ***

This is a Title VII retaliation case. Todd Biggs appeals the district court’s summary judgment in favor of his previous employer. We review a district court’s summary judgment de novo.

The McDonnell Douglas burden-shifting analysis governs actions for retaliatory discharge. 2 Assuming arguendo that Biggs made out a prima facie case, he does not dispute that his employer produced a legitimate, non-discriminatory reason for his termination. Biggs’s employer stated that Biggs was fired principally because he falsified schedules and lied to his supervisor. Additionally, Biggs’s employer received complaints that Biggs was staring at customers’ breasts and falling asleep in meetings.

To survive summary judgment, Biggs must produce sufficient evidence to permit a reasonable jury to conclude that the stated reasons for his termination are a pretext for retaliation. 3 A plaintiff “can prove pretext either ... indirectly, by showing that the employer’s proffered explanation is unworthy of credence because it is internally inconsistent or otherwise not believable, or directly, by showing that unlawful discrimination more likely motivated the employer.”

Biggs admits he…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.