Vincent White v. Eastside Union School District

MEMORANDUM

Vincent C. White appeals pro se from the district court’s summary judgment in his employment action alleging disparate treatment, disparate impact, and retaliation claims under Title VII. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Peterson v. Hewlett-Packard Co., 358 F.3d 599, 602 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on White’s disparate treatment claim because White failed to raise a genuine dispute of material fact as to whether his job performance was satisfactory, or whether similarly situated individuals outside of his protected class were treated more favorably. See id. at 603 (requirements for disparate treatment claim).

The district court properly granted summary judgment on White’s disparate impact claim because White failed to raise a triable dispute as to whether the substitute teacher evaluation form caused a disparate impact. See Stout v. Potter, 276 F.3d 1118, 1122 (9th Cir.2002) (“It is not sufficient to present evidence raising an inference of discrimination on a disparate impact claim. The plaintiff must actually prove the discriminatory impact at issue.” (citation and internal…