Zajac
Zajac v. Fedex Express Anca Station
Opinion
Lead Opinion
MEMORANDUM **
Mark Zajac appeals pro se the district court’s summary judgment for Federal Express in his action alleging employment discrimination and breach of contract. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1219-20 (9th Cir.1998), and affirm.
The district court properly granted summary judgment on Zajac’s discrimination claim because Zajac failed to establish membership in a protected class. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1061-62 (9th Cir.2002) (stating Title VII standard); see also Alaska State Comm’n for Human Rights v. Yellow Cab, 611 P.2d 487, 490 (Alaska 1980) (adopting federal Title VII standard for elements of prima facie case under Alaska state law).
The district court properly granted summary judgment on Zajac’s breach of contract claim because Zajac admitted that his employment was at-will and failed to present evidence that the at-will relationship was modified, or that his termination violated the covenant of good faith and fair dealing, see Holland v. Union Oil Co. of Cal., Inc., 993 P.2d 1026, 1030-32 (Alaska 2000), or otherwise violated public policy. See…