Garcia

MEMORANDUM *

1. The district court did not err in granting summary judgment in favor of defendants on Garcia’s disparate treatment claim. By her October 17, 1995, email to supervisor Brown Zundel, Garcia voluntarily resigned as the army’s DMS manager. Accordingly, she cannot show that she suffered any “adverse employment action.” Vasquez v. County of L.A., 307 F.3d 884, 889-90 (9th Cir:2002). Because Garcia does not raise a constructive discharge theory, we need not decide whether her resignation might have been prompted by the army’s allegedly discriminatory actions. See, e.g., Watson v. Nationwide Ins. Co., 823 F.2d 360 (9th Cir.1987).

2. The district court did not err in granting summary judgment in favor of defendants on Garcia’s retaliation claim. Even under “an expansive view of the type of actions that can be considered adverse employment actions.” Ray v. Henderson, 217 F.3d 1234,1241 (9th Cir.2000), Garcia’s “entirely subjective” beliefs about the importance of her new position are insufficient to establish a prima facie case of retaliation. Vasquez, 307 F.3d at 896 .

3. Garcia’s EEOC complaint, even when construed “with the utmost liberality,” EEOC v. Farmer Bros., 31…