Fields

Fields v. Riverside Cement Co.

Good Law
226 F. App'x 719
United States Court of Appeals for the Ninth CircuitMarch 27, 2007No. 05-55063California2,054 words

Opinion

Lead Opinion

MEMORANDUM *

Wilfred Fields appeals the district court’s grant of summary judgment for Riverside Cement Company (“RCC”) and Paper Allied Industrial Chemical & Energy Workers, Local 80192 (“Union”) 1 on all claims. Reviewing the district court’s decision de novo, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), we reverse as to Fields’s race discrimination, retaliation, and wrongful discharge claims against RCC, and affirm as to all other claims.

1. Title VII Race Discrimination Claim Against RCC

We reverse the district court on Fields’s claim against RCC for racial discrimina *722 tion under 42 U.S.C. § 2000e-2(a)(l). Fields has adduced sufficient evidence to create a triable issue of fact regarding RCC’s dissimilar treatment of similarly situated non-black employees, the only element of his prima facie case RCC challenged. See Peterson v. Hewlett-Packard Co., 358 F.3d 599, 603 (9th Cir.2004) (reciting McDonnell Douglas burden shifting test and noting that plaintiffs need provide “very little” evidence to establish a prima facie ease of discrimination at summary judgment).

Fields submitted evidence that, if credited, establishes that RCC did not treat Chenard…

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