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4751 In opposing a motion for summary judgment in his action for employment discrimination, plaintiff, who was of Syrian ancestry, established a prima facie case by offering evidence that his supervisors sometimes referred to people of Middle-Eastern backgrounds as ragheads and said they would get rid of the Middle Eastern regime; plaintiff established a prima facie case of retaliation by evidence that his supervisor told him to harass or fire employees who took medical leave and was unhappy with his refusal to do so; defendant's claim that it fired plaintiff because he had filed incorporation papers for a business of his own and requested a corporate name that belonged to the employer was not a sufficiently coherent, non-discriminatory reason to rebut plaintiff's prima facie case; to defeat summary judgment in such an action, plaintiff need not show that defendant's proffered reason is pretextual, but must show only that a reasonable fact finder could find discriminatory or retaliatory adverse employment action; in an action for defamation, malice defeats defendant's assertion of the common interest privilege.CitationMAMOU v TRENDWEST (Regime Change) 165 CA4 686 [See: GovC 12900 etseq; CivC 47; Guz v Bechtel 24 C4 317, T/AT 11/00]
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