Harris
Harris v. Superior Court
Opinion
Lead Opinion
MEMORANDUM *
Vernon Harris appeals the district court’s order granting summary judgment in favor of the defendants. We must determine, viewing the evidence in the light *721 most favorable to the nonmoving party, whether there are genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1220 (9th Cir.1998). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.
Harris asserts numerous race and sex discrimination claims. The district court properly granted the defendants’ motion for summary judgment on Harris’ sex-based hostile work environment claim because it was untimely. See 42 U.S.C. § 2000e — 5(e)(1); see also Fonseca v. Sysco Food Servs. of Az., Inc., 374 F.3d 840, 845 (9th Cir.2004). There is also no genuine issue of material fact regarding his race-based hostile work environment claim because his work environment was neither subjectively nor objectively racially hostile. The racial comments were isolated, made outside Harris’ presence, and could not create a pervasively hostile environment. See Vasquez v. County Los Angeles, 349 F.3d 634, 642-44 (9th…