Metzger
Metzger v. Martinez
Opinion
Lead Opinion
MEMORANDUM ***
Rafael Metzger, a Hispanic male and former employee of the Department of Housing and Urban Development (“HUD”), appeals the district court’s order granting HUD’s motion for summary judgment. Metzger claims that HUD discriminated against him on the bases of color and national origin and in retaliation for his participation in EEO counseling activity, in violation of Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000e et seq. (“Title VII”). Based on our de novo review of the record, Aragon v. Republic Silver State Disposal Inc., 292 F.3d 654, 659 (9th Cir.2002), we affirm in part, reverse in part, and remand for proceedings consistent with this opinion. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.
1. In a color or national origin discrimination claim relying on circumstantial evidence, a summary judgment motion is evaluated under the familiar burden-shifting scheme set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Metzger must first establish a prima facie case of discrimination. Aragon, 292 F.3d at 658 . He has done so.