RUIZ v. ALBERTSON WAREHOUSE LLC LLC (2018)

MEMORANDUM **

Fred R. Ruiz appeals pro se from the district court’s summary judgment in his consolidated actions alleging Title VII and Americans with Disabilities Act (“ADA”) claims related to the termination of his employment as a truck driver. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir. 2004), and we affirm.

The district court properly granted summary judgment on Ruiz’s national origin discrimination and retaliation claims because Ruiz failed to establish a prima facie case of discrimination or retaliation. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1062, 1064 (9th Cir. 2002) (setting forth prima facie elements of discrimination and retaliation claims under Title VII).

The district court properly granted summary judgment on Ruiz’s hostile work environment claim because Ruiz failed to raise a genuine dispute of material fact as to whether he was subjected to verbal or physical conduct because of his national origin. See Manatt v. Bank of Am., NA, 339 F.3d 792, 798 (9th Cir. 2003) (setting forth prima facie requirements for hostile work environment claim under Title VII).

The district court properly granted summary judgment on Ruiz’s ADA claims because the claims are time-barred. See 42 U.S.C. §§ 12117(a), 2000e-5(e)(1) (stating that under the ADA, an aggrieved party must file a complaint within either 180 or 300 days after an alleged unlawful employment practice has occurred).

We do not consider matters not specifically and distinctly raised and argued in the opening briefs. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.