Mattioda v. White

Plaintiff Andrew Mattioda (""Mattioda"") sued Defendant Thomas E. White, Secretary of the Department of the Army (the ""Army"") alleging retaliation and racial discrimination in violation of Title VII of the Civil Rights Act of 1964 (""Title VII""), 42 U. S. C. §§ 2000e-3, 2000e-16. The district court granted summary judgment in favor of the Army. In granting the motion, the court concluded that Mattioda failed to establish a prima facie case of racial discrimination, failed to demonstrate that the Army's proffered explanation was a pretext for racial discrimination, and failed to establish a prima facie case of retaliation. Exercising jurisdiction pursuant to 28 U. S. C. § 1291, this court aff irms, rejecting Mattioda's assertion that Oncale v. Sundowner Offshore Services, Inc., 523 U. S. 75 (1998), and Reeves v. Sanderson Plumbing Products, Inc., 530 U. S. 133 (2000), overruled this court's decision in Notari v. Denver Water Department, 971 F.2d 585 (10th Cir. 1992), which establishes the elements of a Title VII reverse racial discrimination claim. I. BACKGROUND