The court of appeals reversed a district court judgment. The court held that recent Supreme Court authority did not alter the Ninth Circuit’s application of the McDonnell Douglas evidentiary framework when deciding motions for summary judgment in Age Discrimination in Employment Act cases.

In 2005, the U.S. Army Corps of Engineers announced an opening for a 120-day position as Chief of Contracting in its Kansas City District. Devon Shelley, who currently served as Assistant Chief of the Contracting Division for a neighboring district, applied for the position. Shelley held a master’s degree in business administration, had 29 years’ experience in contracting, almost all of which was with the Corps, and had received numerous awards for his work. He was 54 years old at the time he applied.