Billy Taylor v. Afs Technologies Incorporated

MEMORANDUM

Billy Taylor appeals pro se from the district court’s summary judgment in his employment action alleging racial discrimination and retaliation in violation of Title VII and 42 U.S.C. § 1981 . 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), and we affirm.

The district court properly granted summary judgment on Taylor’s discrimination claims because Taylor failed to raise a genuine dispute of material fact as to whether defendants’ legitimate, nondiscriminatory reasons for their adverse employment actions, including the failure to provide a salary increase and a bonus, were pretextual. See Ash v. Tyson Foods, Inc., 546 U.S. 454, 456 , 126 S.Ct. 1195 , 163 L.Ed.2d 1053 (2006) (noting that use of the term “boy” will “not always be evidence of racial animus”); Vasquez, 349 F.3d at 640 -42 & n. 5 (listing elements of a discrimination claim under Title VII and explaining that circumstantial evidence of pretext must be specific and substantial); Nidds v. Schindler Elevator Corp., 113 F.3d 912, 919 (9th Cir.1996) (an ambiguous comment that is not tied directly to an alleged adverse employment…