Andrade

MEMORANDUM **

Plaintiff Lyn Andrade appeals from a summary judgment in favor of Defendant on her claims of sex discrimination and retaliation under Title VII. We review de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). Keeping in mind that on summary judgment the necessary proof “does not even need to rise to the level of a preponderance of the evidence,” Villiarimo v. Aloha Island Air. Inc., 281 F.3d 1054, 1062 (9th Cir.2002) (internal quotation marks omitted), we affirm in part and reverse and remand in part.

1. Although Plaintiff scored one point higher, on Defendant’s selection matrix, than the male applicant who was hired instead in 1997, that fact alone does not create an issue of fact because some males who scored higher similarly were not selected. There is no other admissible evidence that would suggest that Plaintiffs rejection occurred “under circumstances which give rise to an inference of unlawful discrimination” because of sex. Tex. Dep’t of Comty. Affairs v. Burdine, 450 U.S. 248, 253 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981).

2. Plaintiff filed an informal EEO complaint in 1995 accusing Patricia Ryun and her superiors of engaging in sex discrimination.…