Parker

MEMORANDUM **

Terry R. Parker appeals pro se the district court’s summary judgment in favor of his former employer SITEL Corporation in his action alleging retaliation and discrimination on the basis of age and gender. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment. Lyons v. England, 307 F.3d 1092, 1103 (9th Cir.2002). We affirm.

The district court properly concluded that Parker failed to establish a prima facie retaliation claim because he failed to raise any genuine issue of materi *537 al fact about whether his filing of a grievance motivated SITEL to terminate him. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1064-65 (9th Cir.2002). Furthermore, Parker does not dispute that he underperformed on some calls and made judgment errors by complaining to a customer, facts that provide SITEL legitimate reasons for terminating his employment. See Stegall v. Citadel Broadcasting Company, 350 F.3d 1061, 1066 (9th Cir.2003) (holding that a retaliation claim could survive summary judgment when the plaintiff presented evidence that the legitimate reasons were pretextual); Manati v. Bank of Am., N.A., 339…