Andrew G. YARTZOFF, Plaintiff-Appellant, v. Lee M. THOMAS, Administrator, U.S. Environmental Protection Agency, Defendant-Appellee

Yartzoff appeals pro se from the district court’s grant of summary judgment in favor of the Environmental Protection Agency (“EPA”) in a Title VII suit alleging discrimination on the basis of national origin and retaliation for engaging in protected activities. He contends that genuine issues of material fact remain that should preclude summary judgment. We find that no genuine issue of material fact remains with respect to his national origin claims and some of his retaliation claims and that the EPA is entitled to judgment as a matter of law on those claims. The record indicates, however, that a genuine issue exists with respect to some of his retaliation claims. Accordingly, we affirm the grant of summary judgment in part, reverse in part, and remand for further proceedings.

I. BACKGROUND

Yartzoff, of Russian origin, worked as a chemist at the EPA’s research laboratory in Corvallis, Oregon, from December 1972 until December 1983. He had previously worked as a GS-11 chemist for the Food and Drug Administration in the 1960s, and he obtained a Ph.D. in chemistry in 1970. After joining the EPA at GS-7 in 1972, his position was upgraded to GS-9 in 1975. In six administrative…