Sebala

MEMORANDUM **

Peter Sebala appeals the judgment entered in favor of the Secretary of the Air Force following a bench trial on his claim under the Age Discrimination in Employment Act, 29 U.S.C. § 633a. We affirm.

The trial focused on the issue whether the Air Force’s proffered reason for hiring Christopher Vargas rather than Sebala was pretextual, and whether there was sufficient evidence of unlawful discrimination. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142-43 , 120 S.Ct. 2097 , 147 L.Ed.2d 105 (2000). The district court’s conclusion that the Air Force had ample non-discriminatory reasons for hiring Vargas instead of Sebala was not clearly erroneous.

While Sebala did have tire maintenance experience, Randell Nunes, who made the decision, testified that he hired Vargas based on superior work ethic, attitude, and ability to relate to others. Vargas had some experience working on tires. Sebala *509 had been involved in two instances of insubordinate conduct before the hiring decision, whereas Vargas’s conduct only triggered disciplinary action after the hiring decision. Having heard Nunes on the stand, the court found that his midterm evaluation of Sebala was…