Arakji v. Microchip Technology, Inc.,

Filing 94

ORDER DENYING 89 PLAINTIFFS MOTION FOR SUMMARY JUDGMENT. Signed by Judge Beth Labson Freeman on 11/19/2020.(blflc4S, COURT STAFF) (Filed on 11/20/2020)<hr><center>Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)</center>

Case 5:19-cv-02936-BLF Document 94 Filed 11/20/20 Page 1 of 7

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MAZEN ARAKJI,
Plaintiff,

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v.

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MICROCHIP TECHNOLOGY, INC.,,

ORDER DENYING PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT

Defendant.

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United States District Court
Northern District of California

Case No. 19-cv-02936-BLF

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Before the Court is Plaintiff Mazen Arakji’s motion for summary judgment in this action

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arising from Defendant Microchip Technology, Inc.’s (“Microchip”) failure to hire Arakji for a

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senior firmware engineer position. Mot., ECF 89. Arakji alleges that Microchip did not hire him

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because of his national origin, religion, and disability. See generally First Am. Compl. (“FAC”),

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ECF 22. No hearing was set for this motion, which constitutes Plaintiff’s one motion for summary

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judgment that the Court allows per side in the life of the case. See Standing Order for Civil Cases §

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VI.A. Because there are disputed issues of material fact as to pretext, Arakji’s motion is DENIED.

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I.

BACKGROUND

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Arakji is a 38-year-old male, who for “[M]uslim religious purposes,” wears a long beard.

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FAC ¶ 1. Arakji also has a “very obvious musculoskeletal disability which limits [his] ability to grip

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and lift heavy objects.” Id. Arakji’s “national origin is Lebanese, which is an Arab country in the

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Middle East” and has “Arabic ancestry and ethnic characteristics.” Id. Arakji’s first name “Mazen”

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is “known to be an Arabic name” and his surname “Arakji” is “known to be a [M]uslim surname.”

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Id.

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Arakji holds a Bachelor of Science in Electrical and Computer Engineering and a Master of

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Science in Computer Engineering from the University of Colorado, Boulder. FAC ¶ 2. Arakji has

Case 5:19-cv-02936-BLF Document 94 Filed 11/20/20 Page 2 of 7

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earned various certifications in his field. Id. ¶ 3-4. Arakji worked at Sun Microsystems (now Oracle),

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where he was promoted within 6 months and was accepted into the “selective Sun Engineering

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Enrichment & Development (SEED) program” on the technical tract—designed for individuals with

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a high potential to excel. Id. ¶ 5. He received a letter from a previous employer commending his

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performance and contributions. Id. Recently, Arakji developed three Android and two iOS

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applications. Id. Arakji also developed a “novel RTOS architecture for which he has a patent

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pending.” Id.
Arakji applied for “several Firmware Engineer positions at Microsemi1 between January and

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April of 2017.” FAC ¶¶ 20, 21. On April 14, 2017, Arakji applied for the “Senior Firmware Design

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Engineer Position (requisition number 5244) . . . on the Microsemi careers website.” Id. ¶ 23. The

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United States District Court
Northern District of California

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requirements for the position as stated in the online job posting on the Microsemi website are as

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follows:

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Bachelors with 5 years of experience or Master with 3 years’ experience.

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Strong C-programming skills and product development experience.

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Strong background in Software methodology and full-cycle development (design,
implementation, testing, and debugging).

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Must possess the ability to approach problems systematically.

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•

Must be able to interpret specification and standard documents well.

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•

Excellent written and oral communication skills.

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Id. ¶ 24. Arakji claims that he not only meets and exceeds the requirements but that he has focused

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on “embedded systems and firmware” throughout both his academic and professional careers. Id.

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¶¶ 25,33.

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Arakji “was contacted by Srinivas Yelisetti, the hiring manager from Microsemi, in regards

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to [his] application and was asked to participate in a phone interview.” FAC ¶ 26. After “a positive

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experience,” Arakji was contacted by Donna Vespe, a Senior Talent Acquisition Partner, and “was

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offered an invitation for an onsite interview[.]” Id. Arakji describes this interview as “another

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Microsemi was later acquired by Microchip.
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positive experience.” Id. ¶ 28. Nonetheless, Arakji was rejected for the job by the Microsemi career

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website, which stated “Thank you for your interest in Senior Firmware Design Engineer – 5244. It

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has been determined that your background is not a match for the requirements set for in the position.

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We wish you the best in your career search.” Id.; Yelisetti Decl., ECF 91 ¶ 30; ECF 89, Exh. A,

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Item 1.
Arakji claims that “the set of possible reasons the Defendant has for denying [him]

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employment is limited” to the information that he provided through the online job application and

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what Microchip learned about Arakji by meeting with him in person during the onsite interview,

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including: Arakji’s first name (and thus his Arab ancestry by deduction), Arakji’s last name (and

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thus his religion by deduction), Arakji’s long beard (and thus his religiousness by deduction),

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United States District Court
Northern District of California

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Arakji’s disability, and Arakji’s qualifications. FAC ¶ 32.

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Based on these experiences, Arakji claims that Microchip violated Cal. Gov’t Code Section

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12940 by denying him employment due to his religious creed, national origin, ancestry, or disability.

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FAC ¶ 37. Arakji alleges that Microchip “intentionally wanted to deny [him] an opportunity for

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employment despite the fact that [he is] qualified.” Id. ¶ 35. According to Arakji, “Defendant

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discriminated because the Defendant is revolted by people of [his] religion, national origin, ancestry,

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ethnic characteristics and disability, and especially those with a combination of all of the above.”

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Id.

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II.

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Summary judgment is not warranted if a material fact exists for trial. See Warren v. City of

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Carlsbad, 58 F.3d 439, 441 (9th Cir. 1995). The underlying facts are viewed in the light most

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favorable to the party opposing the motion. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,

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475 U.S. 574, 587 (1986). “Summary judgment will not lie if ... the evidence is such that a

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reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc.,

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477 U.S. 242, 248 (1986). The party moving for summary judgment has the burden to show initially

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the absence of a genuine issue concerning any material fact. See Adickes v. S.H. Kress & Co., 398

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U.S. 144, 159 (1970).

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LEGAL STANDARD

Where the moving party will have the burden of proof on an issue at trial, the movant must
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affirmatively demonstrate that no reasonable trier of fact could find other than for the movant.

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Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir. 2007). Where the non-moving party

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will have the burden of proof on an issue at trial, the movant may prevail by presenting evidence

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that negates an essential element of the non-moving party's claim or by merely pointing out that

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there is an absence of evidence to support an essential element of the non-moving party's claim. See

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James River Ins. Co. v. Schenk, P.C., 523 F.3d 915, 923 (9th Cir. 2008); Soremekun, 509 F.3d at

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984; Nissan Fire & Marine Ins. Co. v. Fritz Cos., 210 F.3d 1099, 1105–06 (9th Cir. 2000). If a

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moving party fails to carry its burden of production, then “the non-moving party has no obligation

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to produce anything, even if the non-moving party would have the ultimate burden of persuasion.”

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Nissan Fire, 210 F.3d at 1102–03.

United States District Court
Northern District of California

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Once the moving party has met its initial burden, the burden shifts to the nonmoving party

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to establish the existence of an element essential to that party's case, and on which that party will

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bear the burden of proof at trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986). To

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discharge this burden, the nonmoving party cannot rely on its pleadings, but instead must have

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evidence showing that there is a genuine issue for trial. See id. at 324. In considering a motion for

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summary judgment, however, “the court must draw all reasonable inferences in favor of the

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nonmoving party, and it may not make credibility determinations or weigh the evidence.” Anderson,

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477 U.S. at 250-51.

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III.

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Arakji alleges discrimination on the basis of national origin, religion, and disability in

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violation of California's Fair Employment and Housing Act (“FEHA”). See First Am. Compl.

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(“FAC”) ¶¶ 22-37. The same legal principles that guide a court in a Title VII dispute apply with

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equal force to Arakji's FEHA claim. See Metoyer v. Chassman, 504 F.3d 919, 941 (9th Cir. 2007).

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Thus, in analyzing Defendants' motion for summary judgment, the Court applies the burden-shifting

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framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). At the first step

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of McDonnell Douglas, the plaintiff must establish a prima facie case of discrimination or

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retaliation. If the plaintiff makes out her prima facie case of either discrimination or retaliation, the

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burden then “shifts to the defendant to articulate a legitimate, nondiscriminatory reason for its

DISCUSSION

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allegedly discriminatory [or retaliatory] conduct.” Vasquez v. County of Los Angeles, 349 F.3d 634,

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640 (9th Cir. 2003). Finally, at the third step of McDonnell Douglas, if the employer articulates a

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legitimate reason for its action, “the presumption of discrimination drops out of the picture, and the

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plaintiff may defeat summary judgment by satisfying the usual standard of proof required ... under

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Fed. R. Civ. P. 56(c).” Cornwell v. Electra Cent. Credit Union, 439 F.3d 1018, 1028 (9th Cir. 2006)

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(citations and internal quotation marks omitted).
1. Evidentiary Dispute

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To support his motion, Arakji proffers various documents, photographs and videos. See ECF

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89-1. Arakji stored this evidence on a cloud hard drive and presented the Court with hyperlinks with

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which to access the information. Microchip objects to the evidence on multiple grounds. See Oppo.,

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United States District Court
Northern District of California

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ECF 90 at 6-8. Because Arakji’s motion fails to make headway even with the support of his uniquely

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formatted evidence, the Court assumes, without deciding, that Arakji’s evidentiary offerings are

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admissible for the purposes of this motion. The Court stresses that it is not making an ultimate

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determination about the admissibility of Arakji’s evidence. Microchip may re-raise its objections

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where appropriate.

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2. Prima Facie

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To establish a prima facie case of discrimination, the plaintiff must show that: (1) she

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belongs to a protected class; (2) she was qualified for the position; (3) she was subject to an adverse

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employment action; and (4) similarly situated individuals outside her protected class were treated

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more favorably. See Chaung v. Univ. of Cal. Davis, Bd. of Trustees, 225 F.3d 1115, 1123 (9th Cir.

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2000). Under the McDonnell Douglas framework, “[t]he requisite degree of proof necessary to

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establish a prima facie case for Title VII ... on summary judgment is minimal and does not even

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need to rise to the level of a preponderance of the evidence.” Wallis v. J.R. Simplot Co., 26 F.3d

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885, 889 (9th Cir. 1994) (citation omitted).

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At the prima facie stage, the amount of evidence relating to competence that Arakji must

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produce is “very little.” Peterson v. Hewlett-Packard Co., 358 F.3d 599, 603 (9th Cir. 2004)

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(quotation omitted). Arakji has met this low bar. There is no dispute that Arakji has proffered

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evidence that he is a member of more than one protected class based on his national origin, religion
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and disability. See ECF 89, Exh. A, Items 35-38. There is also no dispute that Arakji experienced

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an adverse employment action when he was denied a job by Microchip. See ECF 89, Exh. A, Item

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1. And Arakji forwards evidence that illustrates he was qualified on paper for Senior Firmware

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Design Engineer Position (requisition number 5244). See, e.g., ECF 89, Exh. A, Items 4.1

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(transcript), 5 (diplomas), 6 (transcript), 7 (transcript), 8 (embedded systems engineering

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certificate), 11 (Coursera certifications), 13 (edX certification), 14 (Java certifications), 22-23

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(employment offers), 27 (same). As for the fourth factor, there is evidence in the record that

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Microchip continued to seek other applicants for the position, ultimately hiring one in October 2017.

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See ECF 89, Exh. A, Item 1; Yelisetti Decl. ¶ 29 (“When this position was not filled after three

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months it closed automatically . . . I directed that the position be re-posted. It took us many months

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United States District Court
Northern District of California

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of effort but eventually we hired an engineer and filled the position in October 2017.”); see also

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ECF 42 (order granting in part motion for reconsideration).

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3. Legitimate, Non-Discriminatory Rationale

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Once a prima facie case is established, the employer must “articulate” a legitimate reason

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for the employment decision that was made. McDonnell Douglas, 411 U.S. at 802. To “articulate”

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means to produce evidence. See Rodriguez v. Gen. Motors Corp., 904 F.2d 531, 533 (9th Cir. 1990).

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Microchip has adduced substantial evidence in support of its contention that Arakji was not

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hired because he lacked the technical skills, experience, or background required for Engineer

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Position 5244. The declarations and exhibits proffered by Microchip establish that the interviewers

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believed Arakji lacked sufficient skills or experience in C-programming, debugging, and embedded

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software. See Yelisetti Decl. ¶¶ 16, 21-22, 24-25; Miller Decl., ECF 92, Exh. A (email from Vespe

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stating that Arakji’s “C-programming skills are not strong” and that he did not have “enough

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embedded debugging, troubleshooting experience”). None of the four Microchip employees who

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interviewed Arakji gave him a favorable hiring recommendation. Yelisetti Decl. ¶¶ 21-22, 24-25.

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Yelisetti reported that her adverse recommendation was predicated on Arakji’s professional

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qualifications, not his national origin, religion, or disability. See Yelisetti Decl. ¶ 26. Yelisetti further

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reported that no interviewer referenced Arakji’s national origin, religion, or disability in discussing

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his candidacy. There can be no doubt that Microchip has articulated, and supported with evidence,
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its contention that Arakji was not offered employment on account of his national origin, religion

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and disability.
4. Pretext

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Because Microchip has articulated a legitimate reason for its decision not to hire Arakji,

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Arakji must “offer specific and significantly probative evidence that the employer's alleged purpose

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[was] a pretext for discrimination.” Schuler v. Chronicle Broadcasting Co., 793 F.2d 1010, 1011

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(9th Cir. 1986). Arakji can prove pretext “(1) indirectly, by showing that the employer's proffered

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explanation is ‘unworthy of credence’ because it is internally inconsistent or otherwise not

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believable, or (2) directly, by showing that unlawful discrimination more likely motivated the

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employer.” Raad v. Fairbanks North Star Borough School Dist., 323 F.3d 1185, 1194 (9th Cir.

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United States District Court
Northern District of California

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2003) (quotation omitted). Microchip has submitted substantial evidence of non-discriminatory

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reasons for not hiring Arakji, see Section III.3, while Arakji has submitted modest evidence of

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pretext, see Mot. ¶¶ 8-57 (describing qualifications), 65-70 (explaining pretext). The Court declines

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to decide whether Arakji’s evidence of pretext is sufficient to meet his ultimate burden, but rather

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concludes that, at this point in the litigation, there are disputed issues of material fact and Arakji

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bears the burden of proof on the issue of pretext.

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IV.

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Because there are genuine issues of material fact as to whether Microchip’s stated reason

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ORDER

for Arakji’s termination is pretextual, summary judgment is DENIED.
IT IS SO ORDERED.

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Dated: November 19, 2020
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BETH LABSON FREEMAN
United States District Judge

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