Pat Delos Santos v. John Potter

MEMORANDUM

Delos Santos appeals from the district court’s summary judgment in favor of defendant Potter, Postmaster General. De-los Santos alleges that he was coerced into resigning his position with the postal service on account of his age and/or race, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. We review the district court’s summary judgment de novo. Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004). Because Delos Santos has failed to establish a prima facie case, we affirm.

We evaluate ADEA and Title VII claims based on circumstantial evidence through the burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-03 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). At the first step of the McDonnell Douglas analysis, Delos Santos must establish a prima facie case of discrimination. See Diaz v. Eagle Produce Ltd. P’ship, 521 F.3d 1201, 1207 (9th Cir.2008). He may meet this burden by demonstrating: (1) that he was a member of a protected class; (2) that he was performing his job in a satisfactory manner; (3)…