Pernell Evans v. Federal Express Corporation

MEMORANDUM

Pernell Evans, an Operations Manager at FedEx’s San Leandro facility, filed suit alleging race discrimination and retaliation under Title VII, 42 U.S.C. § 1981 , and the California Fair Employment and Housing Act, Cal. Gov’t Code § § 12940, et seq. After a jury trial, the district court granted FedEx’s renewed motion for judgment as a matter of law, and Evans timely appealed. Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s decision to grant a motion for judgment as a matter of law, EEOC v. Pape Lift, Inc., 115 F.3d 676 , 680 (9th Cir.1997), and we affirm because we conclude that “the evidence permits only one reasonable conclusion, and that conclusion is contrary to the jury’s verdict.” Josephs v. Pac. Bell, 443 F.3d 1050, 1062 (9th Cir.2006).

As to the retaliation claim, Evans alleges that he was subject to four adverse actions. The two corrective action notices were not adverse employment actions. These notices did not materially alter the terms and conditions of…