Demus

MEMORANDUM *

Charlene Demus appeals the district court’s grant of summary judgment in favor of the County of San Diego on her claims of racial discrimination under 42 U.S.C. § 2000e-5 (“Title VII”); 42 U.S.C. § 1981 ; and California’s Fair Employment and Housing Act (FEHA), Cal. Gov’t Code § 12940. We affirm.

The district court properly granted summary judgment in favor of the county on Demus’ Title VII claim. Even assuming Demus established a prima facie case of discrimination, see Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1220 (9th Cir.1998), she has not shown that the county’s articulated nondiseriminatory reasons for its adverse employment actions were pretextual. To survive a motion for summary judgment, Demus had to rebut the county’s proffered justifications with either direct or indirect evidence of pretext. See Vasquez v. County of Los Angeles, 349 F.3d 634, 641-42 (9th Cir.2004), amending Vasquez v. County of Los Angeles, 307 F.3d 884 (9th Cir.2003).

The county’s explanation for its demotion and disciplinary action, validated by the civil service commission’s finding that Demus was incompetent in examining two foster children, counters the presumption of…