Taub
Taub v. Fleishman-Hillard, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Betsy Taub (“Taub”) appeals the district court’s grant of summary judgment to Fleishman-Hiflard, et al. (“Fleishman-Hillard”), dismissing her two employment causes of action. The district court dismissed Taub’s claim of age discrimination by her employer, Fleishman-Hillard, which she brought pursuant to California’s Fair Employment and Housing Act (“FEHA”). The district court also dismissed Taub’s claim of wrongful termination in violation of public policy.
The district court analyzed Taub’s claim under FEHA and granted Fleishman-Hillard’s motion for summary judgment. California courts look to federal precedent in applying FEHA, and in particular apply the three-stage burden shifting test set out by the United States Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 98 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). See Guz v. Bechtel Nat. Inc., 24 Cal.4th 317, 354 , 100 Cal.Rptr.2d 352 , 8 P.3d 1089 (2000). The district court held that Taub failed to make a prima facie case for age discrimination, but that even if she had, Fleishman-Hillard offered legitimate reasons for her termination, and Taub was unable to show that those reasons were pretextual.