Moyo

Ali Moyo, a black corrections officer with the California Department of Corrections, appeals the district court’s dismissal of his action brought pursuant to Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e et seq. Moyo’s amended complaint alleges that he was fired by the California Department of Corrections for protesting against and refusing to cooperate with defendants’ practice of allowing showers after work shifts to white inmates but not to black inmates working the same job shift, in violation of § 704(a) of Title VII. 1 The district court dismissed Moyo’s action for failure to state a claim under Fed. R.Civ.P. 12(b)(6). Moyo timely appealed. In his appeal, he also contests the district court’s refusal to allow him to amend his complaint to state a cause of action under § 703(a) of Title VII, 2 for discrimination against him with regard to terms and conditions of employment. We reverse and remand to the district court.

I.

Moyo’s complaint may not be dismissed unless it appears certain that he can prove no set of facts in support of his claim which would entitle him to relief. Baker v. McNeil Island Corrections Center, 859 F.2d 124, 127 (9th Cir.1988). Moyo’s…