PREGERSON, Circuit Judge:
In 2010 Plaintiff-Appellant Kathryn Sheppard ("Sheppard") filed a complaint in federal district court against her former employer, David Evans and Associates ("Evans"). The complaint alleged causes of action for: (1) employment discrimination under the Age Discrimination in Employment Act ("ADEA"); and (2) "wrongful discharge" under Oregon law. The district court dismissed Sheppard's complaint, with leave to amend, for failure to state a claim under Federal Rule of Civil Procedure 8(a)(2). Sheppard then filed an amended complaint alleging the same causes of action and adding some factual details. The district court dismissed Sheppard's amended complaint with prejudice concluding she had "failed to plead any cause of action with sufficient factual detail to state a claim," and therefore failed to satisfy the pleading requirements of Federal Rule of Civil Procedure 8(a)(2). Sheppard appeals the district court's ruling.
As discussed below, we conclude that Sheppard's amended complaint, while brief, nonetheless satisfies Rule 8(a)(2)'s pleading standard. Accordingly, we reverse
The allegations in Sheppard's amended complaint are recounted verbatim below:
We review de novo a district court's dismissal of a complaint for failure to state a claim. Starr v. Baca, 652 F.3d 1202, 1205 (9th Cir.2011). The facts in the complaint are accepted as true and are construed in the light most favorable to the plaintiff. AE ex rel. Hernandez v. Cnty. of Tulare, 666 F.3d 631, 636 (9th Cir.2012).
Federal Rule of Civil Procedure 8(a)(2) requires that each claim in a pleading be supported by "a short and plain statement of the claim showing that the pleader is entitled to relief." Under this rule, a claim must contain "more than labels and conclusions" or a "formulaic recitation of the elements of a cause of action." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Instead, to satisfy Rule 8(a)(2), a "complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (internal quotation marks omitted). Although this standard requires that a claim be "plausible
The ADEA prohibits an employer from, among other things, "discharging" an employee who is over forty years of age "because of" the employee's age. 29 U.S.C. §§ 623(a)(1), 631(a). Under a "disparate treatment"
Claims of age discrimination based on circumstantial evidence are analyzed under the "three-stage burden shifting framework laid out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)." Diaz, 521 F.3d at 1207. Under the McDonnell Douglas framework:
Diaz, 521 F.3d at 1207. To establish a prima facie case of discrimination, a plaintiff must allege in her complaint that: (1) she was at least forty years old; (2) she was performing her job satisfactorily; (3) discharged; and (4) "either replaced by [a] substantially younger [employee] with equal or inferior qualifications or discharged under circumstances otherwise giving rise to an inference of age discrimination." Id. (emphasis added) (internal quotation marks omitted). "An inference of discrimination can be established by showing the employer had a continuing need for the employee['s] skills and services
Here, Sheppard's amended complaint alleges a "plausible" prima facie case of age discrimination. Her complaint alleges that: (1) she was at least forty years old; (2) "her performance was satisfactory or better" and that "she received consistently good performance reviews"; (3) she was discharged; and (4) her five younger comparators kept their jobs.
Sheppard's allegation that her five younger comparators kept their jobs gives rise to an "inference of age discrimination" because it plausibly suggests that Evans "had a continuing need for [Sheppard's] skills and services [because her] various duties were still being performed." See Diaz, 521 F.3d at 1207 (internal marks and quotation marks omitted). It also plausibly suggests that employees outside her protected class "were treated more favorably" than Sheppard. See id.
Although Sheppard's complaint is brief, her allegations are sufficient to state a prima facie case of discrimination. As the Seventh Circuit has explained:
Swanson v. Citibank, N.A., 614 F.3d 400, 404-05 (7th Cir.2010). Like the Seventh Circuit's hypothetical, Sheppard's complaint puts forward a "straightforward" case of discrimination. She alleges that she was over forty and "received consistently good performance reviews," but was nevertheless terminated from employment while younger workers in the same position kept their jobs. This is an "entirely plausible scenario" of employment discrimination. Swanson, 614 F.3d at 404-05.
Under Oregon law "an employer may discharge an employee at any time, for any reason, unless doing so violates a contractual, statutory or constitutional requirement." Yeager v. Providence Health Sys. Oregon, 195 Or.App. 134, 96 P.3d 862, 865 (2004) (internal quotation marks omitted). The tort of wrongful discharge provides an exception to this general rule. Estes v. Lewis & Clark Coll., 152 Or.App. 372, 954 P.2d 792, 796 (1998). An employee may bring a claim for wrongful discharge "when the discharge is for exercising a job-related right that reflects an important public policy." Yeager, 96 P.3d at 865 (internal citations omitted).
To prevail on a claim of wrongful discharge, a plaintiff "must establish a `causal connection' between a protected activity and the discharge." Estes, 954 P.2d at 796-97 (quoting Shockey v. City of Portland, 313 Or. 414, 837 P.2d 505, 507 (1992)). A "causal connection" requires a showing that "the employee's protected activity [was] a substantial factor in the motivation to discharge the employee." Id. at 797 (internal quotation marks omitted). "[T]o be a substantial factor, the employer's wrongful purpose must have been a factor that made a difference in the discharge decision." Id. (internal quotation marks omitted).
Sheppard alleges in her amended complaint that, "[p]rior to her termination, [she] requested Family Medical Leave for a serious illness." Her amended complaint further alleges that she was "terminated immediately after she scheduled the surgery for which she requested Family Medical Leave" and that, prior to her termination, Sheppard had "received consistently good performance reviews." These allegations are sufficient to state a claim for wrongful discharge.
The Supreme Court has emphasized that analyzing the sufficiency of a complaint's allegations is a "context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Iqbal, 556 U.S. at 679, 129 S.Ct. 1937. In Sheppard's case, "common sense" suggests that there is a "causal connection" between Sheppard's request for medical leave and her termination. Significantly, Sheppard's amended complaint alleges that she was terminated "immediately" after she scheduled her surgery. This allegation, in conjunction with Sheppard's allegation that she "received consistently good performance reviews" gives rise to an inference that Sheppard was performing her job well but was nonetheless terminated for requesting medical leave.
We REVERSE the district court's dismissal of Sheppard's amended complaint and REMAND for further proceedings consistent with this opinion.