Dove

MEMORANDUM *

Dwight Dove appeals the district court’s grant of summary judgment in favor of Bayer Healthcare LLC (“Bayer”) on his race discrimination claim under the California Fair Employment and Housing Act, Cal. Gov’t Code § 12940 (“FEHA”). The district court had jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332 (a). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s grant of summary judgment, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and we affirm the district court.

Dove, an African-American, contends that Bayer discriminated against him based on his race in violation of FEHA when it failed to hire him for a mechanic position A or B. “Because California law under the FEHA mirrors federal law under Title VII, federal cases are instructive.” Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1219 (9th Cir.1998). To establish a FEHA claim, we apply a burden-shifting test. Id. at 1219-20 . First, the plaintiff must establish a prima facie case, being that: (1) he belongs to a protected class; (2) he was qualified for the position; (3) he was rejected for the position; and (4) similarly situated employees not in the…