In Equal Employment Opportunity Commission v. The Boeing Company (August 18, 2009), the Ninth Circuit reminded employers that reductions-in-force do not mean that the company may still not have to defend discrimination and retaliation claims. The Ninth Circuit held that the EEOC was entitled to a trial against Boeing because the EEOC had adequate evidence from which a reasonable jury could conclude that the reasons Boeing advanced to justify its employment actions were pretextual.