Copeland v. Ryder Services Corp.
Copeland v. Ryder Services Corp.
Opinion of the Court
MEMORANDUM
Plaintiff Bill Copeland (“Copeland”) appeals the district court’s grant of summary judgment to defendant Ryder
The parties are familiar with the factual and the procedural history of the case, so we do not repeat them here.
Discrimination claims brought under California’s FEHA require that “an employee seeking to avoid summary judgment ... adduce substantial additional evidence [beyond a prima facie showing] from which a trier of fact could infer that the [employer’s] articulated reasons for the adverse employment action were untrue or pretextual.” Loggins v. Kaiser Permanente Int’l, 151 Cal.App.4th 1102, 1113, 60 Cal.Rptr.3d 45 (Ct.App. 2007). Ryder asserted that Copeland’s termination was a direct result of its uniform adherence to a zero tolerance policy for major preventable accidents. Copeland did not present sufficient evidence to raise a genuine dispute that this explanation was a pretext for unlawful discrimination. See Guz v. Bechtel Nat’l, Inc., 24 Cal.4th 317, 357, 100 Cal.Rptr.2d 352, 8 P.3d 1089 (2000) (explaining that after an employer proffers a legitimate reason for its employment action, the employee must “point[] to evidence which nonetheless raises a rational inference that intentional discrimination occurred”).
Ryder’s safety manager concluded, and the accident review board unanimously agreed, that the October 1, 2003, accident could have been prevented if Copeland had adequately secured the steel billets to his truck bed. The accident investigation’s factual findings, coupled with the extent of property damage to the vehicle, supported an application of Ryder’s zero tolerance policy for major preventable accidents.
As explained by the district court, Copeland presented meager evidence that Ryder discriminated against him on the basis of age, disability or his application for workers’ compensation. Copeland presented evidence that he suffered from disabling injuries, was 60 years old, was called “the old guy” by his coworkers, and heard a stray remark about retirement during the accident review board hearing. The Icard and O’Brien statements about workers’ compensation were isolated comments not related to the decision to terminate Copeland’s employment, so they add little, if any, support to Copeland’s claim that he was discriminated against on the basis of disability or his application for workers’ compensation. Weighing against this evidence was (1) Copeland’s 2000 accident where he was warned about the importance of securing his cargo, (2) Ryder’s consistent application of its zero tolerance policy for major preventable accidents and (3) the reasonable conclusions by the safety manager and the accident review board that the billets were not adequately secured.
There is insufficient evidence from which a fact finder could conclude that Copeland’s termination was motivated by age or disability discrimination or by his application for workers’ compensation.
Copeland’s claim for wrongful discharge based upon public policy fails because his underlying FEHA claims fail. See Muller v. Auto. Club of So. Cal., 61 Cal.App.4th 431, 450-51, 71 Cal.Rptr.2d 573 (Ct.App. 1998). As explained by the district court, Copeland presented insufficient evidence to support a finding that Ryder discriminated against him on the basis of age, disability or his application for workers’ compensation benefits, or acted in a way contrary to the public policy of California.
Copeland’s complaint also raises claims of breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress and negligent infliction of emotional distress. Copeland’s opening brief does not advance arguments specific to these three claims. Thus, any claim of error related to these issues has been waived. See Ghahremani v. Gonzales, 498 F.3d 993, 997-98 & n. 3 (9th Cir. 2007).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
. The parties dispute the extent to which Ryder Services Corporation and Ryder System, Inc., were so interrelated with Ryder Integrated Logistics as to be liable on any claim presented in the complaint. Like the district court, we refer to these three entities simply as "Ryder.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.