Dupeire v. Catholic Healthcare West Arizona , 69 F. App'x 375 ( 2003 )

MEMORANDUM^**

Norman Dupeire appeals the district court’s summary judgment dismissing his employment discrimination action alleging he was not hired for a position on account of his gender. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1219-20 (9th Cir.1998), and we affirm.

Because Dupeire failed to present evidence sufficient to create a genuine issue of material fact as to whether defendant’s proffered reason for hiring a female instead of Dupreire was pretextual, the district court properly granted summary judgment in favor of defendant. See Snead v. Metro. Prop. & Cas. Ins. Co., 237 F.3d 1080, 1093-94 (9th Cir.2001) (stating standard for disparate treatment).

Dupeire’s contention that the defendant may not use subjective criteria in hiring lacks merit. See Sengupta v. Morrison-Knudsen Co., Inc., 804 F.2d 1072, 1075 (9th Cir.1986).

Dupeire’s remaining contentions lack merit.

AFFIRMED.

** 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.