Lau

MEMORANDUM **

Lok Thye Lau appeals the district court’s grant of summary judgment. We affirm.

I

The district court properly granted summary judgment on Lau’s national origin and race discrimination claims. To withstand the government’s motion for summary judgment, Lau had to first establish a prima facie case by showing that: “(1) he belongs to a protected class; (2) he was qualified for the position; (3) he was subject to an adverse employment action; and (4) similarly situated individuals outside his protected class were treated more favorably.” See Chuang v. Univ. of Cal. Davis, 225 F.3d 1115, 1123-24 (9th Cir.2000). The district court properly excluded a declaration purporting to support the claim on the basis that the affiant did not establish the basis of his personal knowledge. Block v. City of Los Angeles, 253 F.3d 410, 419 (9th Cir.2001). Without the declaration, there was no admissible evidence in the record to support Lau’s contention that similarly situated individuals outside his protected class were treated more favorably than he was. The evidence that superior officers were treated more favorably than field agents in disciplinary proceedings within the FBI does…