Hawkins

MEMORANDUM **

Cecil R. Hawkins appeals pro se the district court’s summary judgment in favor of Home Depot USA, Inc., in his Title VII employment discrimination action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Kang v. U. Lim Am., Inc., 296 F.3d 810, 814 (9th Cir.2002), and we affirm.

Hawkins failed to establish a prima facie case of disparate treatment based on race because he did not show that he was qualified for the position of freight-team associate or that Home Depot treated other similarly situated employees, who were not in the protected class, more favorably. See id. at 818 (setting forth elements of prima facie case of disparate treatment); Coleman v. Quaker Oats Co., 232 F.3d 1271, 1286 (9th Cir.2000) (“[plaintiffs] subjective evaluation of his qualifications cannot raise an issue of material fact”).

The district court properly dismissed Hawkins’s claims that Home Depot discriminated against him by failing to maintain a record of his sales associate test and altering his test score because he did not include these claims in his charge filed with the California Department of Fair Employment and Housing and the Equal Employment Opportunity…