Cole

MEMORANDUM **

Rudolph Cole brought an employment discrimination action against United Parcel *585 Service (UPS) for age, race, and retaliatory discrimination in violation of California’s Fair Employment and Housing Act. Cole appeals the district court’s grant of summary judgment in favor of UPS.

To establish a presumption of age, race, or retaliatory discrimination, a plaintiff must present a prima facie case of discrimination. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973); Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir.2000); Guz v. Bechtel Nat. Inc., 24 Cal.4th 317, 354 , 8 P.3d 1089, 1113 , 100 Cal.Rptr.2d 352, 378 (2000). Cole failed to establish a presumption of age or race discrimination because he was unable to show that he was performing his job competently or that other similarly-situated people were treated more favorably. McDonnell Douglas, 411 U.S. at 802 , 93 S.Ct. 1817 ; Guz, 24 Cal.4th at 354 , 8 P.3d at 1113 , 100 Cal.Rptr.2d at 378 . He failed to establish a presumption of retaliatory discrimination because he was unable to show a causal link between his protected activity and his termination. Brooks,…