Payne v. Norwest Corp., 113 F.3d 1079 (9th Cir. 1997). · Go Syfert
Payne v. Norwest Corp., 113 F.3d 1079 (9th Cir. 1997). Cases Citing This Book View Copy Cite
95 citation events (66 in the last 25 years) across 19 distinct courts.
Strongest positive: Decollibus v. Rubus Management, LLC (nvd, 2025-01-14)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Decollibus v. Rubus Management, LLC
D. Nev. · 2025 · confidence medium
Nev. 2018) (Citing Payne v. 3 Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997); see also Singh v. Jutla & 4 C.D. & R's Oil, Inc., 214 F. Supp. 2d 1056, 1059 (N.D.
discussed Cited as authority (rule) Peck v. United Parcel Service, Inc.
D. Idaho · 2024 · confidence medium
That standard is “tempered” by our observation that a plaintiff’s burden to raise a triable issue of pretext is “hardly an onerous one.” Noyes v. Kelly Servs., 488 F.3d 1163, 1170 (9th Cir. 2007) (quoting Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997)).
discussed Cited as authority (rule) Thomas Mooney v. Douglas Fife
9th Cir. · 2024 · confidence medium
But we have also noted that “different reasons stated at different times” may lead “[a] rational trier of fact [to] find that these varying reasons show that the stated reason was pretextual, for one who tells the truth need not recite different versions of the supposedly same event.” Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997).
discussed Cited as authority (rule) Sobol v. DeJoy
D. Haw. · 2024 · confidence medium
While shifting explanations can sometimes be evidence of pretext, see, e.g., Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997), Sobol offers no evidence of what he claims was the Postal Service’s original rationale.
discussed Cited as authority (rule) Aoun v. City of Las Vegas
D. Nev. · 2024 · confidence medium
Retaliation under Title VII 12 To establish a prima facie case of retaliation under Title VII, a plaintiff must prove that 13 (1) she engaged in a protected activity, (2) her employer subjected her to adverse employment 14 action, and (3) there was a causal link between the protected activity and the employer’s action. 15 Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997).
discussed Cited as authority (rule) Hughes v. Pacific University
D. Or. · 2023 · confidence medium
“However, that requirement is tempered by [the Ninth Circuit’s] observation that, in the context of Title VII claims, the burden on plaintiffs to raise a triable issue of fact as to pretext is ‘hardly an onerous one.’” Noyes v. Kelly Servs., 488 F.3d 1163, 1170 (9th Cir. 2007) (quoting Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997)).
discussed Cited as authority (rule) Karthauser v. Columbia 9-1-1 Communications District
D. Or. · 2022 · confidence medium
“However, that requirement is tempered by [the Ninth Circuit’s] observation that, in the context of Title VII claims, the burden on plaintiffs to raise a triable issue of fact as to pretext is ‘hardly an onerous one.’” Noyes v. Kelly Servs., 488 F.3d 1163, 1170 (9th Cir. 2007) (quoting Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997)).
discussed Cited as authority (rule) Adasa Inc. v. Avery Dennison Corporation
Fed. Cir. · 2022 · confidence medium
Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997) (reversing summary judg- ment because “the weighing of [a witness’ conflicting testi- mony] is for a jury, not a judge” (citing Abdul-Jabbar v. Gen.
discussed Cited as authority (rule) Patocs v. Automatic Data Processing Incorporated
D. Ariz. · 2022 · confidence medium
However, in Godwin, the Ninth Circuit held that “[a]lthough ‘shifting explanations 26 are acceptable when viewed in the context of other surrounding events . . . such weighing of the evidence is for a jury not a judge.” Godwin v. Hunt Wesson, Inc., 150 F.3d 1217 , 27 1222 (9th Cir. 1988), quoting Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997).
discussed Cited as authority (rule) Leonard v. Tegna, Inc.
S.D. Cal. · 2022 · confidence medium
However, the burden on plaintiffs to 19 raise a triable issue of fact as to pretext is “hardly an onerous one.” Payne v. Norwest Corp., 20 113 F.3d 1079, 1080 (9th Cir. 1997); see also Nicholson v. Hyannis Air Serv., Inc., 580 21 F.3d 1116 , 1127 (9th Cir. 2009) (“[V]ery little evidence is necessary to raise a genuine 22 issue of fact regarding an employer’s motive; and any indication of discriminatory motive 23 may suffice to raise a question that can only be resolved by a fact-finder.”) (internal 24 quotation marks omitted). 25 i. 2017 Assignment Editor Position 26 The parties do n…
discussed Cited as authority (rule) Leonard v. Tegna, Inc.
S.D. Cal. · 2022 · confidence medium
However, the burden on plaintiffs to 19 raise a triable issue of fact as to pretext is “hardly an onerous one.” Payne v. Norwest Corp., 20 113 F.3d 1079, 1080 (9th Cir. 1997); see also Nicholson v. Hyannis Air Serv., Inc., 580 21 F.3d 1116 , 1127 (9th Cir. 2009) (“[V]ery little evidence is necessary to raise a genuine 22 issue of fact regarding an employer’s motive; and any indication of discriminatory motive 23 may suffice to raise a question that can only be resolved by a fact-finder.”) (internal 24 quotation marks omitted). 25 i. 2017 Assignment Editor Position 26 The parties do n…
discussed Cited as authority (rule) Vidal v. Safeway, Inc.
D. Or. · 2021 · confidence medium
“However, that requirement is tempered by [the Ninth Circuit’s] observation that, in the context of Title VII claims, the burden on plaintiffs to raise a triable issue of fact as to pretext is ‘hardly an onerous one.’” Noyes v. Kelly Servs., 488 F.3d 1163, 1170 (9th Cir. 2007) (quoting Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997).
discussed Cited as authority (rule) Robertson v. Catholic Community Services of Western Washington
W.D. Wash. · 2021 · confidence medium
First, “a plaintiff 3 must show (1) involvement in a protected activity, (2) an adverse employment action19 and (3) a 4 causal link between the two.” Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir. 2000) 5 (citing Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997)).
discussed Cited as authority (rule) Villafana v. T-Mobile
D. Nev. · 2021 · confidence medium
July 27, 2012). 4 In order to make out a prima facie case of retaliation, Plaintiff must show: (1) involvement 5 in a protected activity, (2) a “materially adverse” action, and (3) a causal link between the two. 6 Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir. 2000) (citing Payne v. Norwest Corp., 7 113 F.3d 1079, 1080 (9th Cir. 1997)); see also, Burlington Northern & Santa Fe Rwy.
discussed Cited as authority (rule) Mosley v. Aacres LLC
D. Nev. · 2021 · confidence medium
July 27, 2012). 8 In order to make out a prima facie case of retaliation, Plaintiff must show: (1) involvement 9 in a protected activity, (2) a “materially adverse” action, and (3) a causal link between the two. 10 Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir. 2000) (citing Payne v. Norwest Corp., 11 113 F.3d 1079, 1080 (9th Cir. 1997)); see also, Burlington Northern & Santa Fe Rwy.
cited Cited as authority (rule) Smith v. Pick-N-Pull
W.D. Wash. · 2020 · confidence medium
Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir. 4 2000) (citing Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997)); see also Burlington 5 Northern & Santa Fe Rwy.
discussed Cited as authority (rule) Saintal-Smith v. Albertson's LLC
D. Nev. · 2019 · confidence medium
July 27, 2012). 26 In order to make out a prima facie case of retaliation, Plaintiff must show: (1) involvement 27 in a protected activity, (2) a “materially adverse” action, and (3) a causal link between the two. 28 Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir. 2000) (citing Payne v. Norwest Corp., 1 113 F.3d 1079, 1080 (9th Cir. 1997)); see also, Burlington Northern & Santa Fe Rwy.
discussed Cited as authority (rule) Saintal-Smith v. Albertson's LLC
D. Nev. · 2019 · confidence medium
July 27, 2012). 6 In order to make out a prima facie case of retaliation, Plaintiff must show: (1) involvement 7 in a protected activity, (2) a “materially adverse” action, and (3) a causal link between the two. 8 Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir. 2000) (citing Payne v. Norwest Corp., 9 113 F.3d 1079, 1080 (9th Cir. 1997)); see also, Burlington Northern & Santa Fe Rwy.
discussed Cited as authority (rule) James v. Dependency Legal Group
S.D. Cal. · 2015 · confidence medium
No. 26-3 at 25, 27-28, 31-32, 34, 38.) Cf. Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997) (holding that a genuine issue of material fact exists where -an employer provides “shifting explanations,” which a jury could ultimately accept).
cited Cited as authority (rule) Saba v. Unisys Corp.
N.D. Cal. · 2015 · confidence medium
Second, Saba contended at the hearing that Unisys presented' “shifting explanations” for his termination, citing to Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
cited Cited as authority (rule) AIMEE LESPRON STACEY SMITH v. TUTOR TIME LEARNING CENTER, LLC
9th Cir. · 2013 · confidence medium
See Reeves, 530 U.S. at 147 , 120 S.Ct. 2097 ; Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
discussed Cited as authority (rule) Earl v. Nielsen Media Research, Inc.
9th Cir. · 2011 · confidence medium
That standard is “tempered” by our observation that a plaintiffs burden to raise a triable issue of pretext is “hardly an onerous one.” Noyes, 488 F.3d at 1170 (quoting Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997)).
discussed Cited as authority (rule) U.S. Equal Employment Opportunity Commission v. Republic Services, Inc.
D. Nev. · 2009 · confidence medium
Corp., 885 F.2d 542, 547 (9th Cir. 1989), “fundamentally different justifications for an employer’s action would give rise to a genuine issue of fact with respect to pretext since they suggest the possibility that neither of the official reasons was the true reason.” Payne v. Norwest Corp. 113 F.3d 1079, 1080 (9th Cir.1997) (citing Washington v. Garrett, 10 F.3d 1421, 1434 (9th Cir.1993)); cf. Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1063 (9th Cir.2002) (shifting reasons for discharge do not create an issue of fact regarding pretext where those reasons are not incompatible).
discussed Cited as authority (rule) Danny Fitzgerald v. Action, Incorporated
8th Cir. · 2008 · confidence medium
"A rational trier of fact could find these varying reasons show that the stated reason was pretextual, for one who tells the truth need not recite different versions of the supposedly same event." Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997).
discussed Cited as authority (rule) Fitzgerald v. Action, Inc.
8th Cir. · 2008 · confidence medium
“A rational trier of fact could find these varying reasons show that the stated reason was pretextual, for one who tells the truth need not recite different versions of the supposedly same event.” Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
discussed Cited as authority (rule) Noyes v. Kelly Services (2×)
9th Cir. · 2007 · confidence medium
Cf. Reeves, 530 U.S. at 152 (holding in trial context that evidence that the true decisionmaker was hostile to the employee undermined the credibility of the employer’s proffered reason for terminating the employee); Payne, 113 F.3d at 1080 (holding that although a jury may ultimately accept an employer’s “shifting explanations,” such fact issues should not be resolved on summary judgment).
discussed Cited as authority (rule) Lynn Noyes v. Kelly Services, a Corporation (2×)
9th Cir. · 2007 · confidence medium
However, that requirement is tempered by our observation that, in the context of Title VII claims, the burden on plaintiffs to raise a triable issue of fact as to pretext is “hardly an onerous one.” Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997). 2.
discussed Cited as authority (rule) Henderson v. Office & Professional Employees International Union
9th Cir. · 2005 · confidence medium
See Humphrey v. Memorial Hospitals Ass’n, 239 F.3d 1128, 1133 (9th Cir.2001) (describing prima facie elements for discrimination claim under the California Fair Employment and Housing Act (“FEHA”)); Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997) (stating prima facie elements for retaliation under the FEHA).
cited Cited as authority (rule) Whetzel v. Mineta
D. Alaska · 2005 · confidence medium
Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir.2000), citing Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997). 31 .
cited Cited as authority (rule) Funai v. Brownlee
D. Haw. · 2004 · confidence medium
Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
cited Cited as authority (rule) Vaughn v. General Plastics Manufacturing Co.
9th Cir. · 2003 · confidence medium
See Aragon v. Republic Silver State Disposal, Inc., 292 F.3d 654, 658-59 (9th Cir.2002) (discrimination); Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997) (retaliation).
discussed Cited as authority (rule) Quaranta v. Management Support
D. Ariz. · 2003 · confidence medium
“A rational trier of fact could find these varying reasons show that the stated reason was pretextual, for one who tells the truth need not recite different versions of the supposedly same event.” Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
discussed Cited as authority (rule) Marjati Winarto v. Toshiba America Electronics Components, Inc., Roger E.A. Taylor, Wayne Liem, Bill McKinley Ron Birtch, Nancy Alexander (2×)
9th Cir. · 2001 · confidence medium
Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997); Wright & Miller, Federal Practice & Procedure §§ 2527. 10 The dissent claims that Clark County School District v. Breeden precludes our drawing inferences of retaliation from the evidence presented to the jury. 121 S.Ct. 1508, 1510-11 (2001).
discussed Cited as authority (rule) Hooks v. Lockheed Martin Skunk Works
9th Cir. · 2001 · confidence medium
A. Inconsistent Reasons “[F]undamentally different justifications for an employer’s action would give rise to a genuine issue of fact with respect to pretext since they suggest the possibility that neither of the official reasons was the true reason.” Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997) (quotations omitted).
discussed Cited as authority (rule) Cass v. Allstate Insurance
9th Cir. · 2001 · confidence medium
While it may be that both these justifications for the transfer are true, it may also be that the proffered explanations are pretextual, “for one who tells the truth need not recite different versions of the supposedly same event.” Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
discussed Cited as authority (rule) Marsha Godwin v. Hunt Wesson, Inc., a Delaware Corporation
9th Cir. · 1998 · confidence medium
Although “shifting explanations are acceptable when viewed in the context of other surrounding events ... such weighing of the evidence is for a jury, not a judge.” Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
discussed Cited as authority (rule) Vandermeer v. Douglas County (2×) also: Cited "see"
D. Nev. · 1998 · confidence medium
Tarin v. County of Los Angeles, 123 F.3d 1259, 1264 (9th Cir.1997); Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
discussed Cited as authority (rule) Lobster v. Sierra Pacific Power Co. (2×)
D. Nev. · 1998 · confidence medium
Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997); see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973).
cited Cited as authority (rule) Skou v. Pacific International Pipe Enterprises, Inc.
D. Or. · 1998 · confidence medium
Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
discussed Cited as authority (rule) Smith v. Oakland Scavenger Co.
9th Cir. · 1997 · confidence medium
In Payne v. Norwest Corp., 113 F.3d 1079 (9th Cir.1997), we explained that "[t]his burden is hardly an onerous one: the plaintiff who has established a prima facie case need produce very little evidence of discriminatory motive to raise a genuine issue of fact as to pretext." Id. at 1080 (quotations, citations, and internal alterations omitted).
discussed Cited "see" Naomi Garcia v. Chandler-Gilbert Community College, et al.
D. Ariz. · 2026 · signal: see · confidence high
Examples of “specific, substantial evidence of 21 pretext” required to avoid summary judgment include “weaknesses, implausibilities, 22 inconsistencies, incoherencies, or contradictions in the employer’s proffered legitimate 23 reasons,” Hooker v. Parker Hannifin Corp., 548 F. App’x 368, 370 (9th Cir. 2013) (citation 24 modified); see Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997), disparate 25 treatment relative to similarly situated employees, Reynaga v. Roseburg Forest Prods., 847 26 F.3d 678 , 694–95 (9th Cir. 2017), and close temporal proximity between the prote…
cited Cited "see" Aoun v. City of Las Vegas
9th Cir. · 2025 · signal: see · confidence high
See Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir. 1997).
cited Cited "see" Roces v. Reno Hous. Auth.
D. Nev. · 2018 · signal: see · confidence high
See Payne v. Norwest Corp. , 113 F.3d 1079 , 1080 (9th Cir. 1997).
cited Cited "see" Leslie Kerr v. Kenneth Salazar
9th Cir. · 2013 · signal: see · confidence high
See Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997); Lindahl v. Air France, 930 F.2d 1434, 1438 (9th Cir.1991). 4 .
discussed Cited "see" Foster v. City of Oakland
N.D. Cal. · 2009 · signal: see · confidence high
See Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997) (providing shifting reasons for termination in EEOC proceedings and in litigation shows an inference of pretext); Villiarimo, 281 F.3d 1054 (9th Cir.2002) (Pretext “is not shown where an employer simply supplemented its explanation where there has been no retraction of any of its reasons, nor are any of its reasons inconsistent or conflicting.”) (quoting Johnson v. Nordstrom, Inc., 260 F.3d 727, 733-34 (7th Cir.2001)).
cited Cited "see" Rajah v. County of Clark
9th Cir. · 2008 · signal: see · confidence high
See Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
cited Cited "see" Rajah v. County of Clark
9th Cir. · 2008 · signal: see · confidence high
See Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
cited Cited "see" Cavanaugh v. McCords Toyota of Vancouver
9th Cir. · 2004 · signal: see · confidence high
See Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997); Delahunty v. Cahoon, 66 Wash.App. 829, 839 , 832 P.2d 1378 (1992).
cited Cited "see" Selph v. Farmer Bros.
9th Cir. · 2003 · signal: see · confidence high
See Payne v. Norwest Corp., 113 F.3d 1079,1080 (9th Cir.1997).
cited Cited "see" Nagar v. Foundation Health Systems Inc.
9th Cir. · 2003 · signal: see · confidence high
See Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
Retrieving the full opinion text from the archive…
Radlee F. Payne
v.
Norwest Corporation, a Delaware Corporation Norwest Bank Billings, N.A., a Montana Corporation Norwest Bank Great Falls, a Montana Corporation
Cited by 1 opinion  |  Published

113 F.3d 1079

79 Fair Empl.Prac.Cas. (BNA) 1303, 10 NDLR P 17,
97 Cal. Daily Op. Serv. 3643,
97 Daily Journal D.A.R. 6198

RadLee F. PAYNE, Plaintiff-Appellant,
v.
NORWEST CORPORATION, a Delaware corporation; Norwest Bank
Billings, N.A., a Montana corporation; Norwest
Bank Great Falls, a Montana corporation,
Defendants-Appellees.

No. 95-36252.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted March 7, 1997.
Decided May 15, 1997.

David A. Veeder, Veeder Law Firm, Billings, Montana, for plaintiff-appellant.

Linda L. Holstein, Schatz, Paquin, Lockridge & Holstein, Minneapolis, Minnesota, W. Scott Mitchell, Holland & Hart, LLP, Billings, Montana, for defendants-appellees.

Appeal from the United States District Court for the District of Montana, Jack D. Shanstrom, District Judge, Presiding. D.C. No. CV-95-00035-JTS.

Before: WRIGHT, WALLACE, and HAWKINS, Circuit Judges.

OPINION

WALLACE, Circuit Judge:

[*~1079]1

RadLee Payne, a former employee of Norwest Corporation, appeals from the magistrate judge's summary judgment in favor of Norwest. The magistrate judge had jurisdiction under 28 U.S.C. § 636(c)(1). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand.

2

* Norwest terminated Payne on February 9, 1994, alleging insubordination. Payne asserts that Norwest's true motivation for firing him was not insubordination, but retaliation for his filing complaints of race, gender, age, and disability discrimination with the Montana Human Rights Commission (MHRC). Payne also alleges that Norwest terminated him due to his race, gender, age, and disability. The summary judgment disposed of all of Payne's discrimination and retaliation claims. Payne v. Norwest Corp., 911 F.Supp. 1299 (D.Mont.1995) (Payne ). In unpublished orders, the magistrate judge also ruled in favor of Norwest on a series of evidentiary issues. We review a summary judgment de novo. Bagdadi v. Nazar, 84 F.3d 1194, 1197 (9th Cir.1996).

II

3

We affirm the magistrate judge with one exception: Payne's retaliation claim. We agree with the magistrate judge that Payne established a prima facie case of retaliatory discharge under Wallis v. J.R. Simplot Co., 26 F.3d 885, 891 (9th Cir.1994). He was engaged in a protected activity (he filed an MHRC complaint), he was then subjected to an adverse employment action (Norwest fired him), and the timing of his termination creates an inference of causation (he filed the MHRC complaint on January 31, 1994, and Norwest fired him on February 9, 1994).

4

Under Wallis, id. at 889, the burden of production shifted to Norwest to offer a legitimate reason for Payne's termination, which it did: insubordination. At that point, Payne needed to "produce 'specific, substantial evidence of pretext.' " Id. at 890, quoting Steckl v. Motorola, Inc., 703 F.2d 392, 393 (9th Cir.1983). In other words, Payne could no longer rely on his prima facie case; he needed to "tender a genuine issue of material fact as to pretext in order to avoid summary judgment." Id. (citations omitted). This burden is hardly an onerous one: " 'the plaintiff [who has established a prima facie case] need produce very little evidence of discriminatory motive to raise a genuine issue of fact' as to pretext." Warren v. City of Carlsbad, 58 F.3d 439, 443 (9th Cir.1995) (alteration in original), quoting Lindahl v. Air France, 930 F.2d 1434, 1437 (9th Cir.1991), cert. denied, 516 U.S. 1171, 116 S.Ct. 1261, 134 L.Ed.2d 209 (1996).

5

In Washington v. Garrett, 10 F.3d 1421, 1434 (9th Cir.1993), we held that "fundamentally different justifications for an employer's action would give rise to a genuine issue of fact with respect to pretext since they suggest the possibility that neither of the official reasons was the true reason." See also Nidds v. Schindler Elevator, 103 F.3d 854, 859 n. 2 (9th Cir.1996). Payne argues that Norwest's varied reasons for why it terminated him and the close proximity in time between his MHRC complaint and his termination give rise to an issue of triable fact.

6

Norwest's stated reason for terminating Payne changed several times over a period of only a few months. First, John Koppelman, Payne's supervisor, told Payne on February 9, 1994, that Norwest terminated him for violating the "attorney-client privilege" by taping a message left on his voice mail that was not intended for him. On February 16, Norwest told Payne that it fired him for his "insubordination." On February 24, Norwest told Payne that his violation of the "Code of Ethics" led to his termination, because he "used confidential, corporate owned information for [his] own personal gain." In a June 1, 1994, deposition, Koppelman stated that Norwest fired Payne because Payne "threatened" Koppelman by indicating that the taped voice-mail message would show that Koppelman had lied, and that this "threat" was insubordinate. Koppelman also said in the deposition that the "tape incident" was the "last straw" in a series of insubordinate actions by Payne.

7

Norwest responds that all of the stated reasons for Payne's termination were forms of insubordination. Yet these are still different reasons stated at different times. Indeed, there are substantial differences: an alleged violation of the attorney-client privilege (which this clearly was not) is not the same as threatening Koppelman's credibility. A rational trier of fact could find that these varying reasons show that the stated reason was pretextual, for one who tells the truth need not recite different versions of the supposedly same event. It may be that Norwest's shifting explanations are acceptable when "viewed in the context of other surrounding events." Payne, 911 F.Supp. at 1310. However, such weighing of the evidence is for a jury, not a judge. See Abdul-Jabbar v. General Motors Corp., 85 F.3d 407, 410 (9th Cir.1996) ("We are not to weigh the evidence or determine the truth of the matter, but only to determine whether there is a genuine issue for trial.").

8

Each side shall bear its own costs on appeal.

[*~1080]9

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.