Lac Dang Plaintiff-appellant, v. Granite Construction, a California Corporation Defendant-appellee, 141 F.3d 1174 (9th Cir. 1998)

MEMORANDUM^* 

Plaintiff Lac Dang appeals the grant of summary judgment in favor of Granite Construction Company dismissing his employment discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. We affirm.

Dang alleges that Granite subjected him to disparate disciplinary treatment on account of his race and national origin and created an abusive and hostile work environment. Having fully reviewed the record, we conclude that Dang has failed to raise a genuine issue of material fact with respect to either the disparate treatment or hostile work environment claim. In order to present a prima facie case of disparate treatment, Dang "must offer evidence that gives rise to an inference of unlawful discrimination." Sischo-Nownejad v. Merced Community College Dist., 934 F.2d 1104, 1110 (9th Cir. 1991). Under the facts contained in the record, he has plainly not done so. With respect to the hostile work environment claim, he must offer evidence that the workplace is "permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." Harris v. Forklift Systems, Inc., 510 U.S. 17, 21, 114 S. Ct. 367, 369, 126 L. Ed. 2d 295 (1993) (citations omitted). The evidence Dang has offered falls far short of meeting that standard. Accordingly, the district court properly granted summary judgment in favor of the defendants.

AFFIRMED.