Curt Read v. Raymond Lahood

MEMORANDUM

Appellant Curt M. Read (Read), an employee of the Federal Aviation Administra tion (FAA), appeals the district court’s grant of summary judgment in favor of appellee Raymond LaHood, Secretary of Transportation. Read argues that he was discriminated against based on his race, age and/or gender in five selection processes between 2005 and 2008. Read also contends that he was the victim of unlawful retaliation.

1. The district court properly granted summary judgment because Read has not raised a genuine issue of material fact as to his discrimination claims. See Dawson v. Entek. Intern., 630 F.3d 928, 934 (9th Cir.2011). In each of the selection processes, the record supports the FAA’s articulated “legitimate, nondiscriminatory reason” for the agency’s promotion decisions. Hawn v. Exec. Jet Mgmt., Inc., 615 F.3d 1151, 1155 (9th Cir.2010) (citation omitted). Importantly, Read has not shown that there exists “a triable issue of pretext” as to any of the selection processes. Earl v. Nielsen Media Research, Inc., 658 F.3d 1108, 1113 (9th Cir.2011) (citation omitted).

2. Read similarly failed to raise a genuine issue of material fact as to his retaliation claims. See Dawson,…