Sergei Portnoy v. Veolia Transportation Services
Opinion
Opinion
MEMORANDUM
Sergei Portnoy appeals pro se from the district court’s summary judgment in his employment action alleging that defendant fired him because of his national origin in violation of federal and state law. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2003). We may affirm on any ground supported by the record, Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008), and we affirm.
The district court properly granted summary judgment on Portnoy’s discrimination claims because Portnoy failed to raise a genuine dispute of material fact as to whether defendant’s legitimate, non-discriminatory reason for terminating his employment was pretextual. See Vasquez, 349 F.3d at 640 -42 & n. 5 (discussing elements of a discrimination claim under Title VII and explaining that evidence of pretext must be specific and substantial); see also Cal. Const. art. I, § 8; Brooks v. City of San Mateo, 229 F.3d 917, 923 (9th Cir.2000) (same analysis applies to discrimination claims under Title VII and California’s Fair Employment and Housing Act (“FEHA”)).