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OLANIYI v. Jessica Wang-Rodriguez; et al., Defendants. (2021)

United States Court of Appeals, Ninth Circuit.2021-04-22No. No. 19-56380

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Opinion

MEMORANDUM **

Charles Kolawole Olaniyi appeals pro se from the district courts summary judgment in his Title VII employment action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Rene v. MGM Grand Hotel, Inc., 305 F.3d 1061, 1064 (9th Cir. 2002) (en banc). We affirm.

The district court properly granted summary judgment on Olaniyis Title VII disparate treatment claim because Olaniyi failed to raise a genuine dispute of material fact as to whether his job performance was satisfactory or his employer treated him differently than similarly situated employees who did not belong to his protected classes. See Weil v. Citizens Telecom Servs. Co., LLC, 922 F.3d 993, 1002-04 (9th Cir. 2019) (setting forth elements of a Title VII discrimination claim and explaining that an employees self-assessment alone is not enough to raise a triable dispute); Merrick v. Farmers Ins. Grp., 892 F.2d 1434, 1438-39 (9th Cir. 1990) (stray remarks are insufficient to establish discrimination).

The district court properly granted summary judgment on Olaniyis retaliation claim because Olaniyi failed to raise a genuine dispute of material fact as to whether there was a causal link between his protected EEO complaint activity and his demotion. See Ray v. Henderson, 217 F.3d 1234, 1240 (9th Cir. 2000) (setting forth elements of a Title VII retaliation claim).

Olaniyis motions to file supplemental exhibits (Docket Entry Nos. 5 and 7) are denied.

AFFIRMED.