Grimes

MEMORANDUM *

Plaintiff Kurt Grimes appeals the summary judgment against his employment discrimination claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and review de novo a district court’s grant of summary judgment. See King v. AC & R Adver., 65 F.3d 764, 767 (9th Cir.1995). We affirm.

Grimes contends that he was harassed and constructively discharged because of his race and sexual orientation in violation of, inter alia, California Government Code *643 § 12940 and California Labor Code §§ 1101, 1102. He argues that his employer, West Group, constructively discharged him when he resigned because of continuous harassment and unfair treatment by his supervisor, Mark Lecker. Grimes further contends that Lecker’s conduct was motivated by improper discriminatory animus based on Grimes’ race and sexual orientation. Lastly, Grimes claims that this harassing and discriminatory conduct constituted intentional infliction of emotional distress.

Constructive discharge occurs when an employer intentionally creates, or knowingly permits, conditions so intolerable that they effectively force an employee to resign. See Mullins v. Rockwell Int’l Corp., 15 Cal.4th 731, 737 , 63 Cal.…