Michael Crudder v. Peoria Unified School District

MEMORANDUM

Appellant Michael Crudder appeals the district court’s adverse summary judgment on his employment discrimination claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §§ 1981 and 1983, in favor of Crudder’s employer, appellee Peoria Unified School District No. 11 (“the district”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Crudder argues that the district’s failure to promote him to principal while it investigated sexual harassment claims against him constitutes disparate treatment under Title VII and § 1981. The analysis is the same for both. See Fonseca v. Sysco Food Srvs. of Ariz., Inc., 374 F.3d 840, 850 (9th Cir.2004). Title VII disparate treatment claims are analyzed under the framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). See Hawn v. Exec. Jet Mgmt., Inc., 615 F.3d 1151, 1155 (9th Cir.2010) (explaining the application of the McDonnell Douglas test). To succeed on a Title VII claim under McDonnell Douglas, the plaintiff must first establish a prima facie case of discrimination. See Noyes v. Kelly Servs., 488 F.3d 1163, 1168 (9th Cir.2007). If the plaintiff states a…