Kyung Choi v. Ray Mabus

MEMORANDUM

Kyung Choi appeals the district court’s summary judgment for the government on ■her claims that she was discriminated against on the basis of race and gender, and subjected to a hostile work environment, during her postdoctoral fellowship at the Naval Air Warfare Center, Weapons Division (NAWCWD) between May 2007 and May 2008. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court properly concluded there is no triable issue as to whether Choi was deterred from formally applying for a full-time position at NAWCWD due to discriminatory practices. See Breiner v. Nev. Dep’t of Corrs., 610 F.3d 1202, 1208 (9th Cir.2010). The government provided evidence showing Choi’s supervisors at NAWCWD decided not to consider her for a full-time position because they received complaints about her lack of compliance with lab safety guidelines, and were unsatisfied with her ability to publicly present her work. Choi does not provide sufficient evidence to create a triable issue as to whether those reasons were pretextual. See McDonnell Douglas v. Green, 411 U.S. 792, 804 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973).

2. The district court properly concluded there…