Kudos to Susan Kumagai on her appellate victory, in which the court clarified what is required to show pretext and temporal proximity in cases where an employee is terminated for poor performance. The court’s discussion on the use of “me too” declarations is also most helpful for employers regarding pretext. The decision from the California Court of Appeal, First Appellate District, upheld a Contra Costa County Superior Court decision to grant summary judgment in an employment discrimination and retaliation case where the employee alleged national origin, race, age and disability discrimination, retaliation, harassment, failure to accommodate and wrongful termination. The Court found that the employer submitted evidence of legitimate nondiscriminatory reasons for Appellant’s termination and that the Appellant failed to establish that the reasons were a pretext for discrimination. The Court affirmed judgment in favor of Respondent, Lafayette & Kumagai’s client. Congrats again to Susan Kumagai!