Gaines

MEMORANDUM ***

William Gaines appeals a summary judgment in favor of his former employer, SBC Communications, and two of its managerial employees on his claims of race and age discrimination and hostile work environment brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5 et seq., and the California Fair Housing and Employment Act, Cal. Gov’t Code § 12940 et seq. (FEHA). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and we affirm.

Gaines first argues that his termination constituted age and race discrimination in violation of Title VII and FEHA. Gaines, however, has not raised a triable issue that his termination was on account of his race or age. No jury could reasonably conclude from the evidence in the record that Gaines was treated less favorably than similarly situated non-African-American or younger employees. See Aragon v. Republic Silver State Disposal, Inc., 292 F.3d 654, 658 (9th Cir.2002) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973)) (laying out the four-prong…