Caldwell

MEMORANDUM *

Pauline Caldwell (“Caldwell”) appeals the district court’s grant of summary judgment to her employer 1 and union on her claims of racial discrimination and, as against the union, breach of 42 U.S.C. § 1981 , RCW § 49.60 (Washington Law Against Discrimination), and the duty of fair representation. We have jurisdiction under 28 U.S.C. § 1291 , and reviewing the district court’s decision de novo, Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004), we affirm.

Caldwell did not establish any genuine issues of material fact regarding her claim of a racially hostile work environment. Although Caldwell experienced the environment under supervisor Sheila Tomaier (“Tomaier”) as subjectively hostile, Caldwell did not produce evidence sufficient to survive summary judgment that the conduct she experienced was objectively “severe or pervasive” enough to “alter the conditions of [her] employment and create an abusive work environment.” Manatt v. Bank of Am., 339 F.3d 792, 798 (9th Cir.2003) (citations and internal quotation marks omitted). The verbal criticism Caldwell received from her supervisor was similar in severity to treatment that we have previously held not to constitute a…