Curtis Phelps v. United States General Services

MEMORANDUM

Curtis Phelps appeals the order of the district court granting summary judgment in favor of his employer, the United States General Services Administration (“GSA”), in Phelps’s action alleging race and national origin discrimination under Title VII of the Civil Rights Act of 1964, retaliation in violation of 42 U.S.C. § 2000e-3(a), and age discrimination in violation of the Age Discrimination in Employment Act. We affirm.

I.

The district court did not err in ruling that Phelps failed to establish a prima facie case of race discrimination. Phelps presented no direct evidence of race discrimination, Wallis v. J.R. Simplot Co., 26 F.3d 885, 889 (9th Cir.1994), and failed to meet his burden of making out a prima facie case using indirect evidence. See McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). To establish a prima facie case of race discrimination, a plaintiff must show

Cornwell v. Electra Cent. Credit Union, 439 F.3d 1018, 1028 (9th Cir.2006). A number of the acts which he raises on appeal-excess scrutiny of his training request, a letter of counseling, and a memorandum putting him on notice of deficiencies in his work…