Charles

MEMORANDUM **

Traci Charles appeals the district court’s summary judgment in favor of Nike, Inc., in her diversity action alleging state claims of discrimination and denial of reasonable accommodation in violation of California’s Fair Employment and Housing Act (FEHA); wrongful denial of medical leave in violation of the California Family Rights Act (CFRA); and violation of California public policy. We have jurisdiction pursuant to 28 U.S.C. § 1291 and review de novo. Craig v. M & O Agencies, Inc., 496 F.3d 1047, 1053 (9th Cir.2007). We affirm.

Charles argues that she produced sufficient evidence that Nike discriminated against her in violation of Cal Gov’t Code § 12940(a) when it failed to select her for an accelerated training program. To establish her prima facie case, Charles must establish that she qualified for the program. Guz v. Bechtel Nat. Inc., 24 Cal.4th 317 , 100 Cal.Rptr.2d 352 , 8 P.3d 1089, 1113 (2000). The undisputed facts establish that Charles did not meet the objective criteria of the program. Because she could not establish an element of her prima facie case, summary judgment was proper on her disparate treatment claim. The district court also properly…