Kraus

MEMORANDUM **

Plaintiff/Appellant Vickey Kraus sued Defendant/Appellee Presidio Trust Facilities Division for employment discrimination under Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act of 1973. She appeals the district court’s oz-der granting summary judgment to the Presi-dio Trust. In a sepai-ate opinion filed concurrently with this memorandum, we reverse and remand as to those of Kraus’s claims the district court held unexhausted. In this memorandum, we affirm the district court’s order as to Kraus’s remaining claims.

A. Claims contained in the first EEO complaint

The district court granted summary judgment for Presidio Trust as to the three claims Kraus first raised in her first EEO complaint: (1) that Potts unjustifiably rated her communication skills as a “3” rather than a “4” on her pei-formance appi-aisal for the year 2002; (2) that Zipp denied her2 the EEO counselor of her choice; and (3) that Zipp accused her of sexually hai-assing a female co-employee. We affirm.

An employee alleging employment discrimination under Title VII must show that “(1) he is a member of a protected class; (2) he was qualified for his position; (3) he expei-ienced an…