Ricky Turner v. Department of Education, State

MEMORANDUM

Ricky Turner appeals pro se from the district court’s summary judgment in his employment action alleging race discrimination and harassment in violation of federal and state law. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Vasquez v. County of Los Angeles, 349 F.3d 634, 639-10 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Turner’s claims under Title VII, 42 U.S.C. § 1981 , and section 378-2 of the Hawaii Revised Statutes because Turner failed to raise a genuine dispute of material fact as to whether similarly situated individuals were treated more favorably, and whether defendants’ stated non-discriminatory reasons for terminating his employment were mere pretext. See id. at 640-42 & n. 5 (listing elements of a prima facie case of discrimination, discussing “similarly situated” individuals requirement, and explaining that circumstantial evidence of pretext must be specific and substantial); see also Cornwell v. Electra Cent. Credit Union, 439 F.3d 1018 , 1028 n. 5 (9th Cir.2006) (the McDonnell Douglas framework applies to employment discrimination claims under 42 U.S.C. § 1981 ); Hac v. Univ. of Haw., 102…