Thomsen
Thomsen v. R Supply Co.
Opinion
Lead Opinion
MEMORANDUM ***
Lavon Thomsen filed suit in the United States District Court for Nevada alleging inter alia that R Supply Co., Inc. (“R Supply”) violated the Equal Pay Act, 29 U.S.C. § 206 (d)(1), and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., when it moved her from outside salesperson to inside salesperson, hired a younger man to be the outside salesperson, and subsequently terminated her employment. 1 The district court granted summary judgment in favor of R Supply concluding that Thomsen had not made a prima facie showing of a violation of the Equal Pay Act and had failed to rebut R Supply’s nondiscriminatory reason for its employment decisions.
Thomsen has filed a timely appeal challenging only the grants of summary judgment on her Equal Pay Act claim and on her claim of age discrimination under ADEA. We review the district court’s order granting summary judgment de novo, drawing all reasonable inferences supported by the evidence in favor of Thomsen. Porter v. Cal. Dep’t. of Corrections, 419 F.3d 885, 891 (9th Cir.2005) (citing Villiarimo v. Aloha Island Air, Inc. 281 F.3d 1054, 1061 (9th Cir.2002)). In reviewing the district court’s order,…