Carlos Villalta v. City and County of San Francisco

MEMORANDUM

Gilberto Guerra, Daniel Perez, Anthony Padilla, and Carlos Villalta appeal from a grant of summary judgment to the City and County of San Francisco Municipal Transportation Agency (“MTA”) on their Title VII disparate treatment claims. We have jurisdiction pursuant to 12 U.S.C. § 1291 . Reviewing de novo, Anthoine v. N. Cent. Counties Consortium, 605 F.3d 740, 747 (9th Cir.2010), we affirm.

Guerra failed to establish a prima facie case of workplace discrimination or retaliation because restricting his access to a computer database and to a photocopier did not “materially affect the compensation, terms, conditions, or privileges of employment.” Davis v. Team Elec. Co., 520 F.3d 1080, 1089 (9th Cir.2008) (discussing the third element of disparate impact claims) (internal alterations omitted); see Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir.2000) (applying similar standard to retaliation).

Even assuming Perez made out a prima facie case of discrimination, his work-related misconduct constituted a “legitimate, nondiseriminatory reason” for his dismissal. Cornwell v. Electro, Cent. Credit Union, 439 F.3d 1018, 1028 (9th Cir.2006) (internal quotation marks…