Cornelio v. Alfa Wasserman Diagnostic Technologies, LLC

MEMORANDUM

Joao Cornelio appeals pro se from the district court’s summary judgment in his Title VII action alleging wrongful termination on the basis of his race, color, and national origin. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Hawn v. Exec. Jet Mgmt., Inc., 615 F.3d 1151, 1155 (9th Cir.2010), and we affirm.

The district court properly granted summary judgment because Cornelio failed to raise a genuine dispute of material fact as to whether defendant treated similarly situated employees outside of Cornelio’s protected class more favorably than him. See id. at 1156, 1158-61 (setting forth elements of prima facie case of discrimination under Title VII based on circumstantial evidence); Vasquez v. County of Los Angeles, 349 F.3d 634, 641 (9th Cir.2003) (employee who held the same level position as plaintiff was not similarly situated to plaintiff where the employee did not engage in problematic conduct “of comparable seriousness”).

Moreover, even if Cornelio had established a prima facie case of discrimination, Cornelio failed to carry his burden of raising a triable dispute as to whether defendant’s legitimate reasons for firing him were a pretext. See…