Bayus

MEMORANDUM **

Richard Bayus appeals from the district court’s summary judgment for his former employer, Nordstrom, Inc., in his action alleging gender and age discrimination and wrongful constructive discharge. Because the facts and procedural history are known to the parties, they are repeated herein only as necessary.

Bayus first argues that Nordstrom’s failure to promote him to an assistant manager position constituted gender discrimination in violation of Title VII and Oregon Revised Statute § 659A.030(l)(b). 1 It is uncontroverted that Bayus was offered an opportunity to interview for the assistant manager position but declined it, and that the position was still open when he resigned. *2 2 Because he cannot demonstrate that he was “denied a promotion,” Coghlan v. Am. Seafoods Co. LLC, 413 F.3d 1090, 1094 (9th Cir.2005), he failed to establish a prima facie case of gender discrimination under federal and state law.

Bayus next argues that Nordstrom discriminated against him on the basis of age in violation of the Age Discrimination in Employment Act and Oregon Revised Statute § 659A.030(l)(b). With respect to his failure-to-promote claim, he cannot establish a prima facie…