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DeNeal v. Sanwa Bank

United States Court of Appeals, Ninth Circuit
Sep 17, 2003
76 F. App'x 139 (9th Cir. 2003)

Opinion

Submitted September 8, 2003.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Prospective employee brought action against bank, alleging age and race discrimination in connection with bank's refusal to hire him for teller position. The United States District Court for the Central District of California, Margaret M. Morrow, J., entered summary judgment in favor of bank, and plaintiff appealed. The Court of Appeals held that bank's refusal to hire plaintiff was not discriminatory on basis of age or race.

Affirmed.

Appeal from the United States District Court for the Central District of California, Margaret M. Morrow, District Judge, Presiding.

James Henry DeNeal, Huntington Beach, CA, pro se.

Jill Switzer, Jodi Siegner, Los Angeles, CA, for Defendant-Appellee.


Before PREGERSON, THOMAS, and PAEZ, Circuit Judges.

Page 140.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

James Henry DeNeal appeals pro se the district court's summary judgment in favor of Sanwa Bank in DeNeal's action alleging discrimination in hiring on the basis of race and age in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act ("ADEA"), and the California Fair Employment and Housing Act ("FEHA"). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a district court's grant of summary judgment, Wallis v. J.R. Simplot Co., 26 F.3d 885, 888-89 (9th Cir.1994), and we affirm.

The Bank presented evidence that DeNeal was not hired because he lacked the requisite experience for a bank teller position. Because DeNeal failed to produce specific and substantial evidence creating a genuine issue of material fact as to whether the proffered reasons for not hiring him were pretextual, summary judgment on his discrimination claims was proper. See Blue v. Widnall, 162 F.3d 541, 546 (9th Cir.1998) (analyzing Title VII claim); see also Brooks v. City of San Mateo, 229 F.3d 917, 923 (9th Cir.2000) (finding Title VII and FEHA claims subject to same analysis); Wallis, 26 F.3d at 888-89 (finding Title VII and ADEA claims subject to same analysis).

AFFIRMED.


Summaries of

DeNeal v. Sanwa Bank

United States Court of Appeals, Ninth Circuit
Sep 17, 2003
76 F. App'x 139 (9th Cir. 2003)
Case details for

DeNeal v. Sanwa Bank

Case Details

Full title:James Henry DENEAL, Plaintiff--Appellant, v. SANWA BANK, e/s/a United…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 17, 2003

Citations

76 F. App'x 139 (9th Cir. 2003)