In this diversity case, Plaintiff-Appellant Donald Sousa brought a claim of age discrimination against his former employer, Defendant-Appellee Chipotle Services (“Chipotle”), under the New Mexico Human Rights Act. The district court granted summary judgment to Chipotle, holding that Mr. Sousa failed to meet his burden of showing that Chipotle’s proffered reasons for his termination—pest and cleanliness issues at the restaurants he was responsible for overseeing—were a pretext for age discrimination. We agree with the district court that Mr. Sousa did not present sufficient evidence of pretext to survive summary judgment, and we therefore affirm the district court’s decision.
Judge James Browning and Magistrate Judge John F. Robbenhaar
Panel: PHILLIPS, McHUGH, and FEDERICO, Circuit Judges. (Entered for the Court by Judge McHugh.)Decision: AFFIRMED.
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