United States Ninth Circuit

In a labor and employment dispute involving a claim of discriminatory termination under the the FEHA, Cal. Gov. Code sectoin 12940 et seq, judgment of the district court dismissing claim for lack of subject matter jurisdiction is reversed where court had jurisdiction because plaintiff did not dispute the merits of an executive branch decision denying him security clearance, but instead, disputed the bona fides of a professed security clearance requirement while introducing evidence to satisfy his pleading burdens under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 (1973).

Appellate Information

• Decided 04/04/2011
• Published 04/04/2011

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ray Keramati, John S. Adler