Soares-Haae

MEMORANDUM **

Eassie A. Soares-Haae appeals the entry of summary judgment in his employment discrimination case against his former employer, the Secretary of the Air Force. Soares-Haae argues that the district court erred by entering summary judgment against him on his claims of disparate treatment, hostile work environment, and retaliation under Title VII. A district court’s grant of summary judgment is reviewed de novo. United States v. City of Tacoma, 382 F.3d 574, 578 (9th Cir.2003). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. Disparate Treatment

Soares-Haae failed to establish a prima facie case of disparate treatment because he did not show that any of the incidents he claims constitute disparate treatment were adverse employment actions. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-03 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Soares-Haae’s “excellent” evaluation was not an adverse employment action, because the evaluation was above-average and did not affect his pay, benefits, or competitiveness for a promotion. Kortan v. Cal. Youth Auth., 217 F.3d 1104, 1113 (9th Cir.2000). No other action of which Soares-Haae complains constitutes an…