Okwuosa

MEMORANDUM *

Christopher Okwuosa appeals the district court’s grant of summary judgment in favor of the California Employment Development Department (“EDD”) and several of its officials (collectively “Defendants”) on his claims of unlawful discrimination, harassment, and retaliation under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §§ 1983 and 1985. In a separate appeal, Defendants challenge the district court’s denial of their motion for attorneys’ fees under section 706(k) of Title VII and 42 U.S.C. § 1988 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The district court properly granted summary judgment in favor of Defendants on Okwuosa’s Title VII claim that he suffered discrimination on the basis of his race and national origin when he was not promoted between 1990 and 2000. 1 To establish a prima facie case of discrimination with respect to his failure-to-promote claim, Okwuosa must show that (1) he belongs to a statutorily protected class; (2) he applied for and was qualified for an available position; (3) he was rejected despite his qualifications; and (4) after the rejection, the position remained available and the employer continued…