Lewis

MEMORANDUM ***

Paul Lewis, an employee of UPS, appeals the district court’s grant of summary judgment in favor of UPS on Lewis’ state-law claims for religious and disability discrimination, harassment, and retaliation, as well as intentional infliction of emotional distress. A district court’s grant of summary judgment is reviewed de novo, viewing the evidence in the light most favorable to the nonmoving party. E.g., Scribner v. WorldCom, Inc., 249 F.3d 902, 907 (9th Cir.2001). In this case, the district court properly applied the substantive law and correctly determined that there were no genuine issues of material fact. See id. Accordingly, we affirm.

In order to establish a prima facie case for religious discrimination under the Fair Employment and Housing Act, a plaintiff must show that he suffered an adverse employment action. E.g., Flait v. North Am. Watch Corp., 3 Cal.App.4th 467, 476 , 4 Cal.Rptr.2d 522 (1992). Lewis bases his claim on the fact that his superi- *808 or threatened to fire him if he did not comply with the UPS grooming policy within one week. The threat was never carried out, and Lewis has not been demoted, fired, or otherwise disciplined. In short, Lewis…

concurring:

I concur in the result.