United States Ninth Circuit

In an action by two TV news reporters alleging that their employer discriminated against them on the basis of age, in violation of the California Fair Employment and Housing Act, when the station laid them off as part of its reduction in force, summary judgment in favor of the defendants is affirmed, where: 1) a plaintiff's statistical evidence need not account for an employer's proffered nondiscriminatory reason for the adverse employment action to make a prima facie case of discrimination; but 2) the plaintiffs failed to present sufficient evidence of pretext to survive summary judgment, since the defendants were entitled to a favorable "same-actor" inference.

Appellate Information

• Decided 05/29/2012
• Published 05/29/2012

Judges

• B. Fletcher

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Carolyn Salmon, Maureen E. McClain