Fulwood

MEMORANDUM ***

Sidney M. Fulwood appeals pro se the district court’s summary judgment for the postal service in his Title VII action alleging employment discrimination based on race, sex, and retaliation for protected conduct. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review summary judgment de novo. Leorna v. U.S. Dep’t of State, 105 F.3d 548, 550 (9th Cir.1997). The district court properly determined that Fulwood failed to exhaust administrative remedies with respect to his claim regarding accommodation of his physical restrictions between December 1995 and April 1996 because he did not seek pre-complaint Equal Employment Opportunity counseling within 45 days of the alleged failure to accommodate. See 29 C.F.R. § 1614.105 (a)(1); Leorna, 105 F.3d at 550-51 . The district court properly granted summary judgment on Fulwood’s claims of disparate treatment based on race and sex because Fulwood’s evidence did not establish a prima facie case of adverse treatment. See Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir.2000) (noting that “not every employment decision amounts to an adverse employment action”) (citation omitted). Similarly, Fulwood…