Bradshaw

Bradshaw v. Bell

Good Law
72 F. App'x 532
United States Court of Appeals for the Ninth CircuitJuly 10, 2003No. 02-56352; D.C. No. CV-00-02097-BTM(NLS)California473 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff-appellant Preston Bradshaw appeals the district court’s grant of summary judgment in favor of defendant-appellee Pacific Bell on Bradshaw’s racial discrimination and retaliaton claims under 42 U.S.C. § 2000e. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*533 The relevant facts are known to the parties and are discussed here briefly and only as necessary.

The district court properly granted summary judgment in favor of Pacific Bell on Bradshaw’s racial discrimination claims. Bradshaw has failed to establish a prima facie case of racial discrimination under Title VII because he has not shown, or even alleged, that similarly situated employees outside of his protected class were treated more favorably. See Aragon v. Republic Silver State Disposal, Inc., 292 F.3d 654, 658 (9th Cir.2002) (to establish a prima facie case of discrimination, Title VII plaintiff must show that “(1) he belongs to a protected class, (2) he was qualified for the position, (3) he was subjected to an adverse employment action, and (4) similarly situated non-[African American] individuals were treated more favorably.”). Bradshaw has not alleged that he was replaced…

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