Erick Moore v. Patrick R. Donahoe

MEMORANDUM

Erick T. Moore (“Moore”) appeals the district court’s order granting summary judgment to Patrick R. Donahoe, Postmaster General of the United States Postal Service (“USPS”), on Moore’s claims for race discrimination and a hostile work environment, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”). We affirm.

The district court did not abuse its discretion by excluding evidence of other USPS employees’ observations regarding race discrimination. In accordance with Sprint/United Management Co. v. Mendelsohn, 552 U.S. 379, 388 , 128 S.Ct. 1140 , 170 L.Ed.2d 1 (2008), the district court conducted a thorough, fact-intensive inquiry under Federal Rule of Evidence 401 before determining that the majority of the evidence was not relevant to Moore’s claims. The evidence was properly excluded because the USPS employees were not similarly situated individuals. See Vasquez v. Cnty. of Los Angeles, 349 F.3d 634, 641 (9th Cir.2003). None of the USPS employees reported to Moore’s supervisors, discussed the 204B acting supervisor application process, or made 204B acting supervisor assignments during or near the summer of 2008. Thus,…