Joseph Jones v. Sage Client 327 LLC

MEMORANDUM

Joseph J. Jones appeals pro se from the district court’s summary judgment in his employment action alleging violations of Title VII, the Age Discrimination in Employment Act (“ADEA”), and Arizona law. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Dominguez-Curry v. Nev. Transp. Dep’t, 424 F.3d 1027, 1033 (9th Cir. 2005) and we affirm.

The district court properly granted summary judgment on Jones’s claims arising from an alleged failure to promote because Jones failed to raise á genuine dispute of material fact as to whether he was rejected from the position he sought, and the hotel filled the position with an employee not of his protected class. See Shelley v. Geren, 666 F.3d 599, 608 (9th Cir. 2012) (stating prima facie requirements for failure-to-promote claim under ADEA); Dominguez-Curry, 424 F.3d at 1037 (9th Cir. 2005) (stating same under Title VII).

The district court properly granted summary judgment on Jones’s claims arising from alleged discriminatory work assignments because Jones failed to raise a triable dispute as to whether similarly situated employees were treated more favorably. See Whitman v. Mineta, 541 F.3d 929, 932 (9th Cir.…