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United States Ninth Circuit

France v. Johnson, 13-15534

In an action alleging that the U.S. Department of Homeland Security discriminated against plaintiff, a U.S. Border Patrol agent, by refusing to promote him on the basis of age in violation of the Age Discrimination in Employment Act, 29 U.S.C. section 623(a)(1), the district court's grant of summary judgment for defendant is reversed where: 1) plaintiff established a prima facie case that defendant considered age to be significant in making promotion decisions; and 2) plaintiff raised a genuine dispute of material fact as to whether defendant's nondiscriminatory reasons for not promoting him were pretextual.

Appellate Information

  • Decided 10/14/2015
  • Published 10/14/2015




  • United States Ninth Circuit


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