Ross

MEMORANDUM **

Barry D. Ross appeals pro se from the district court’s summary judgment in his *750 Title VII action alleging that he was denied a promotion because he is African-American. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir.1995). We affirm in part, vacate in part, and remand.

The district court properly entered summary judgment on Ross’s disparate impact claim. See Stout v. Potter, 276 F.3d 1118, 1122 (9th Cir.2002) (describing prima facie case of disparate impact).

The parties do not dispute that Ross satisfied the first and third prongs of his prima facie case on his disparate treatment claim. See Dominguez-Curry v. Nev. Transp. Dep’t, 424 F.3d 1027, 1037 (9th Cir.2005) (describing the four prongs that a plaintiff must establish to make out a prima facie case of disparate treatment under the burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973)).

With respect to the second prong, there is a genuine issue of material fact as to whether the written job description accurately reflects the qualifications of the director of…