Rome

Rome v. SmithKline Beecham Corp.

Good Law
232 F. App'x 711
United States Court of Appeals for the Ninth CircuitMay 18, 2007No. 05-55574California767 words

Opinion

Lead Opinion

MEMORANDUM *

Mark Rome appeals the district court’s grant of summary judgment in favor of SmithKline Beecham Corporation d/b/a GlaxoSmithKline (“GSK”) on Rome’s claims of wrongful termination, and age-based discrimination and retaliation in violation of California’s Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code § 12900 et seq. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and reverse in part.

We review de novo a district court’s grant of summary judgment. Porter v. California Dep’t of Corr., 419 F.3d 885, 891 (9th Cir.2005). We view the evidence in the light most favorable to the non-moving party, making all reasonable inferences in his favor. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1061 (9th Cir.2002). We conclude that there are genuine issues of material fact and reverse the grant of summary judgment as to Rome’s claims of age discrimination and retaliation. We affirm the district court’s grant of summary judgment as to Rome’s wrongful termination claim.

I.

FEHA tracks federal law, and California courts have adopted the framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668…

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