Arberry

MEMORANDUM **

Archie Arberry appeals the district court’s summary judgment in favor of Hilton Hotels Corp. in his action for employment discrimination on the basis of race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and disability, in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12112 . Arberry contends that he was denied a promotion to a security officer position because he is African-American and speaks with a speech impediment.

*671 In order to defeat Hilton’s motion for summary judgment, Arberry has the burden of producing evidence sufficient to create a genuine factual question as to the reasons behind his nonselection for the position. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). A factual dispute is genuine only “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). A grant of summary judgment against the nonmoving party is appropriate, even where that party has produced some evidence, if no reasonable jury could return a verdict in his or her favor. Id.…