White

MEMORANDUM ***

Plaintiff Rufus Henderson appeals the district court’s grant of summary judgment in favor of the Secretary of the Army, in an action alleging racial discrimination and retaliation in violation of Title VII. We affirm.

We have considerable doubt whether Henderson made out a prima facie case of discrimination and whether all of the Army’s employment decisions of which he complains constituted “adverse employment actions” for purposes of Title VII, even under our circuit’s broad interpretation of that category. See Ray v. Henderson, 217 F.3d 1234, 1240-43 (9th Cir.2000). We need not address those questions, however, because no reasonable jury could find that the neutral reasons set forth by the Army for its actions are pretextual.

The Army provided legitimate, non-discriminatory reasons for Henderson’s transfer, for the Army’s refusal to terminate two of Henderson’s subordinates as requested by Henderson, for Henderson’s poor performance review, and for the Army’s delay in processing Henderson’s complaint. The Army supervisor transferred Henderson because of his documented poor performance as a manager and because of the Army’s need to replace the entire staff at…