Company Profile: United Rentals North America inc.rent ,sells, and services equipment for underground construction, temporary power , climate control.Since its founding in 1997 United Rentals has grown and become the worldest largest rental equipment provider with more than $7 billions of inventory available at more than 830 locations.

in the language of the court

In 2006 (Ellies Dees and African American applied)To United Renyalsfor employment at its Gulfport Misssipppi location and was offered a technician position in St Rose Lousiana.Branch manager Mike Sauve decided to make an offer, which Dees accepted.

Although first two years of Dees employment in ST Rose went smoothly United rentals contends that his attitude and work performers deteriorated beginning in 2009. Specially alleges that he began with increasing frequency to mark equipment as fit to be rented even though it was not working orders.Dee's manager -Sauve and Lee Vincent -coached him when these incidents occurred,as noted them in his 2009 mid year and full year performance reviewv.Dees was given aslow rtieen warnings in aUGUST 2009,COTOBER 2009,FERBUARY 2010,MARCH 2010. Dees was given a final written warning on march 4 .adiving him that the next inscinednt will result hi immediate termnation.Following ftuter incidents six days later both manager told Dees that he is fired.Then after Dees filled a charge with the Equal Opportunity Commission,alleging employment discrimination based on his race and age.After receiving "right to sue"notice he filled suit in federal court district.United rentals filled a motion for summary judgment which the district court granted.

Dees timely appealed

Dees first must make a prime facie case of discrimination based on age or race.Toe establish a prima facie case Dees must shows that 1 -was a member of protected group,2 qualified for the position in question,3.was subject to advers employment action4recived less favorable treatment. If Dees make a prime facie case,the burden then shifts United Rentals to articulate a legitimate non discrimination reason for firing him..

The district court assumed,with out deciding,that Dees established a prime facie case of discrimination under tile VII and the ADEA.the district court determined that United Reentals has provided extensive evidence of the legitimate non-discriminatory reason for Dess termination -namely unsaftrfactroy job performance.The burden shifted back to Dees to produce evidence that United Rentals reason was a pretexts for discrimination.

His termination notice states that he was terminated for failing to follow their rental policy rental equipment were in good condition and working properly.

Dees has presented nothing that will provide that his termination was discrimination.Dees himself describes the philopspohy United rentals that motivated by an "I ain;t missing no rents"that's mean encourage for him to rent any type of the equipment for customers .United rentals provide the evondec that was non race or age deisrimnitaion .

For the reason set above court AFFRIM judgm,ent favor for United rentals.

1.On what did both trail court and the appellate court focus their analysis?

2.What did plaintiff fail to do in submitting his side of the case?How this case failure affect his claims?