Despanie

MEMORANDUM *

Cornelius Despanie (“Despanie”) sued the Postmaster General of the United States, William J. Henderson, and his employer, the United States Postal Service (collectively the “USPS”), for alleged Title VII violations. Despanie appeals the summary judgment in favor of the defendants. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Because the parties are familiar with the factual and procedural history of this case, we will not recount it here except as necessary to explain our decision.

I. The Letter of Warning

Despanie contends that he was subject to disparate treatment when USPS manager Jesse Plenos issued him a Letter of Warning (“the Letter”) for mishandling the overnight mail dispatch. There is no evidence that the issuance of the Letter was motivated by improper discriminatory animus. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Indeed, his counsel conceded at oral argument that Despanie’s race (black) is the only evidence of racial discrimination. Mere assertions that an employer had discriminatory intent do not raise a genuine issue of material fact as to discriminatory intent. Steckl…