McDaniel

McDaniel v. Arco AM/PM Mini Markets

Good Law
68 F. App'x 97
United States Court of Appeals for the Ninth CircuitJune 19, 2003No. 02-55839California314 words

Opinion

Lead Opinion

MEMORANDUM **

Samuel G. McDaniel appeals pro se the district court’s summary judgment in his Title VII action alleging employment discrimination, harassment, and retaliation. 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 McDaniel’s sex and race discrimination claims because defendant presented evidence that it terminated McDaniel, a store clerk, for violating cash handling rules on three occasions, and McDaniel failed to present evidence showing pretext. See Snead v. Metro. Prop. & Cas. Ins. Co., 237 F.3d 1080, 1093-94 (9th Cir.2001) (stating standard for disparate treatment).

The district court also properly granted summary judgment on McDaniel’s claim that a co-worker subjected him to a hostile work environment because defendant fired the co-worker shortly after McDaniel complained. See Brooks v. City of San Mateo, 229 F.3d 917, 926 (9th Cir.2000) (holding that single incident of harassment by coworker does not create hostile work environment where employer took prompt steps to remove the harasser from the…

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