Nathaniel Hosea v. Michael Donley

MEMORANDUM

Nathaniel Hosea appeals the district court’s grant of summary judgment in favor of the Air Force in his employment action based on discrimination, retaliation, and hostile work environment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the history of the case, we need not recount it here.

I

We review de novo a district court’s decision to grant summary judgment. Cnty. of Tuolumne v. Sonora Cmty. Hosp., 236 F.3d 1148, 1154 (9th Cir.2001).

A

Title VII makes it unlawful for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(l).

The plaintiff must first establish a prima facie case of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). “Specifically, the plaintiff must show that (1) he belongs to a protected class; (2). he was qualified for the position; (3) he was subject to an adverse employment action; and…