Rudolph STECKL, Plaintiff-Appellant, v. MOTOROLA, INC., Defendant-Appellee, 703 F.2d 392 (9th Cir. 1983). · Go Syfert
Rudolph STECKL, Plaintiff-Appellant, v. MOTOROLA, INC., Defendant-Appellee, 703 F.2d 392 (9th Cir. 1983). Cases Citing This Book View Copy Cite
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A plaintiff in an age discrimination case must tender a genuine issue of material fact as to pretext to avoid summary judgment.

A fifty-year-old employee with fifteen years of service appeals the district court's grant of summary judgment to his employer, arguing that the employer's stated reason for promoting a younger candidate was a pretext for age discrimination. The central question is whether the plaintiff's intent to challenge witness credibility on cross-examination, without presenting specific factual evidence, is sufficient to defeat summary judgment. The court applies the rule that a party opposing summary judgment must produce specific facts showing a genuine issue for trial and evidence significantly probative of any material fact claimed to be disputed. Because the plaintiff failed to tender a genuine issue of material fact regarding pretext, the court affirms the judgment.

365 citation events (145 in the last 25 years) across 41 distinct courts.
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Cited for
At page 393 Proving pretext and factual disputes in summary judgment235 citing cases“produce 'specific facts showing that there remains a genuine factual issue for trial' and evidence 'significantly probative' as to any material fact claimed to be disputed.”17 citing courts quote it · 199 listed here
  • Steven Crowe v. Christine Wormuth, 74 F.4th 1011 (9th Cir. 2023).published
    (mere assertions” of “discriminatory motivation and intent” are “inadequate, without substantial factual evidence, to raise an issue precluding summary judgment)
  • Jespersen v. Harrah's, No. 03-15045 (9th Cir. Apr. 13, 2006).published
    (A party opposing a summary judgment motion must produce specific facts showing that there remains a genuine factual issue for trial and evidence significantly probative as to any material fact claimed to be disputed.)
  • Rabideau, No. 1:24-cv-00369 (D. Idaho Oct. 15, 2025). 2 cites
    Id. (“Admittedly, this case authority arises in the context of employment discrimination cases, and [Plaintiff’s] case is not an employment discrimination case.”).
  • Walker v. Boeing Corp., 218 F. Supp. 2d 1177 (C.D. Cal. 2002).published 2 cites
    “steckl's mere assertions that motorola had discriminatory motivation and intent in failing to promote him were inadequate, without substantial factual evidence, to raise an issue precluding summary judgment.”
  • Paulson, No. 2:25-cv-00061 (E.D. Wash. Apr. 10, 2026). 2 cites
    Instead, the plaintiff must produce “specific, substantial evidence of 16 pretext.” Steckl v. Motorola, Inc., 703 F.2d 392, 393 (9th Cir. 1983). 17 DISCUSSION 18 The Paulsons’ claims arise from two events: their taking of leave and their 1…
  • Swanson, No. 3:24-cv-08077 (D. Ariz. Feb. 27, 2026).
    Simplot Co., 26 F.3d 885, 890 (9th Cir. 1994) (quoting Steckl v. Motorola, 15 703 F.2d 392, 393 (9th Cir. 1983)).
  • Colombo, No. 5:24-cv-00909 (N.D. Cal. Dec. 18, 2025).
    P. 56(c); 15 Barthelemy v. Air Lines Pilots Ass’n, 897 F.2d 999, 1004 (9th Cir. 1990) (citing Steckl v. 16 Motorola, Inc., 703 F.2d 392, 393 (9th Cir. 1983)).
  • Parker, No. 3:24-cv-02821 (N.D. Cal. Oct. 23, 2025).
    Simplot Co., 26 F.3d 885, 889 (9th Cir. 1994)) (internal quotation marks omitted). 14 To establish pretext, the employee must offer “specific, substantial evidence of [it].” 15 Wallis, 26 F.3d at 890 (quoting Steckl v. Motorola, 703 F.2d 3…
  • E.J.T. v. Cnty. of Jefferson, No. 24-1717 (9th Cir. Oct. 23, 2025).unpublished
    But such a bare and conclusory assertion is “inadequate, without substantial factual evidence, to raise an issue precluding summary judgment.” See Steckl v. Motorola, Inc., 703 F.2d 392, 393 (9th Cir. 1983).
  • Caldrone v. Circle K Stores Inc., 156 F.4th 952 (9th Cir. 2025).published
    “[h]e was clearly within the protected class, had applied for an available position for which he was qualified, and was denied a promotion which was given to a younger person”
Show 189 more citing cases
At page 394 Purpose of burdens of proof in discrimination cases3 citing cases“one purpose of the allocation of the burdens of proof and production in such actions is to help district courts identify meritless suits and to stop them short of full trial.”the opinion's own words at *394, quoted by 1 later opinions
Retrieving the full opinion text from the archive…
31 Fair empl.prac.cas. 705, 31 Empl. Prac. Dec. P 33,494 Rudolph Steckl
v.
Motorola, Inc.
82-5524.
Court of Appeals for the Ninth Circuit.
Apr 4, 1983.
Published opinion
703 F.2d 392
1983 U.S. App. LEXIS 29129
Richard S. Cohen, Lewis & Roca, Phoenix, Ariz., for plaintiff-appellant., Lawrence Allen Katz, Streich, Lang, Weeks & Cardón, Phoenix, Ariz., for defendant-appellee.
Trask, Kennedy, Poole.
Cited by 265 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #48,725 of 633,719
Citer courts: C.D. California (1) · D. Idaho (1)
POOLE, Circuit Judge:

Rudolph Steckl appeals the district court’s order granting summary judgment in favor of his employer, Motorola, in Steckl’s action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (the ADEA). Steckl contends that the order is improper because the company’s explanation for denying him a promotion was a pretext for age discrimination rather than a legitimate business reason. He also argues summary judgment is inappropriate because it was his intention to prove pretext by attacking the motivation and intent of Motorola’s witnesses on cross-examination.

Steckl had worked for Motorola for 15 years in various management positions. A new position, formally titled “Senior Products Manager, Opto Products, Chips and Strategic New Programs,” was created in 1976. Motorola refused to promote Steckl, who was then 50 years old, and gave the job to Nicholas Schaefer, a younger man. Steckl claims that Motorola failed to promote him because of age discrimination while Motorola contends that Schaefer was promoted because of his qualifications and technical expertise.

A plaintiff under the ADEA has the ultimate burden of proving that age was a “determining factor” in an employer’s decision affecting him. Douglas v. Anderson, 656 F.2d 528, 531 (9th Cir.1981); Kelly v. [*393] American Standard, Inc., 640 F.2d 974, 984 (9th Cir.1981). We agree with the district court that Steckl had established a prima facie case of discrimination as required by Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 252-253, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981) and McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-804, 93 S.Ct. 1817, 1824-1825, 36 L.Ed.2d 668 (1973). He was clearly within the protected class, had applied for an available position for which he was qualified, and was denied a promotion which was given to a younger person. The result was creation of an inference of discrimination.

In the face of that prima facie showing, Motorola had to meet the inference by articulating some “legitimate, nondiscriminatory reason” for its conduct. Motorola met this burden by offering evidence that Schaefer’s expertise, not Steckl’s age, was the determining factor in the promotion decision. Motorola proved that Schaefer had substantially more education, training and experience in circuit design and circuit systems than Steckl, in a position calling for those qualifications.

With the inference of discrimination rebutted, the burden then returned to Steckl to demonstrate that Motorola’s explanation was but a pretext for discrimination. Burdine, 450 U.S. at 253, 101 S.Ct. at 1093; McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. at 1285. However, Steckl failed to produce any specific, substantial evidence of pretext and that age was a determining factor in the decision. Consequently, the district court’s ruling was proper.

A party opposing a summary judgment motion must produce “specific facts showing that there remains a genuine factual issue for trial” and evidence “ ‘significantly probative’ as to any [material] fact claimed to be disputed.” Ruffin v. County of Los Angeles, 607 F.2d 1276, 1280 (9th Cir.1979), cert. denied, 445 U.S. 951, 100 S.Ct. 1600, 63 L.Ed.2d 786 (1980). Steekl’s mere assertions that Motorola had discriminatory motivation and intent in failing to promote him were inadequate, without substantial factual evidence, to raise an issue precluding summary judgment. Cf. Berkelman v. San Francisco Unified School District, 501 F.2d 1264 (9th Cir.1974) (mere conclusory allegations regarding discriminatory admissions to college preparatory public high school were insufficient to make the school board’s intent a triable question that would frustrate otherwise appropriate summary judgment). Steckl failed to refute Motorola’s evidence that Schaefer’s experience was compatible with the requirements for the new job. And while it is generally true, as Steckl contends, that Motorola’s managers needed supervisory rather than technical skills, he also failed to rebut Motorola’s evidence that the new position was unique and required a manager with enough technical expertise to be able to develop new product lines and technology with a limited staff and budget. Therefore, the district court correctly granted summary judgment to Motorola.

Steckl also claims that summary judgment in an age discrimination case is precluded if a plaintiff has established a prima facie case and intends to prove pretext by challenging the credibility of the employer’s witness on cross-examination. We disagree. Plaintiffs in ADEA cases must tender a genuine issue of material fact as to pretext in order to avoid summary judgment.

It is true that courts are generally reluctant to grant summary judgment in a case in which motivation and intent of a party are at issue. Douglas, 656 F.2d at 535. However, Steckl produced no facts which, if believed, would have shown pretext and thus tendered an issue for trial. In this case, as in Kephart v. Institute of Gas Technology, 630 F.2d 1217, 1218 (7th Cir.1980), the “plaintiff had no indications of motive and intent, supportive of his position, to put on the scales for weighing.” Steckl’s claims that Motorola failed to promote him because of discriminatory motivation and intent were “wholly empty” and therefore insufficient to prevent summary judgment. Kephart, 630 F.2d at 1218.

This court has indicated that the use of summary procedures is proper in appropri[*394] ate discrimination actions even when the plaintiff has established a prima facie case. “... [0]ne purpose of the allocation of the burdens of proof and production in Title VII and ADEA actions is to help district courts identify meritless suits and to stop them short of full trial.... The ADEA is not intended as a vehicle for general judicial review of business decisions.” Douglas, 656 F.2d at 525.

The judgment of the district court is affirmed.