Mоrgan Enowmbitang, a black immigrant from Cameroon, was employed by Seagate Technologies, Inc. (Seagate) in Minneapolis, Minnesota from 1991 until 1994. After Sea-gate failed to promote him on five different occasions, Enowmbitang resigned and brought this Title VII action against Seagate, alleging that Seagаte refused to promote him because of his race and national origin. Following discovery, the district court 1 granted summary judgment against Enowmbitang. We affirm.
I.
Seagate hired Enowmbitang as a maсhine operator in September 1991, shortly after he had received a bachelor’s degree from St. Cloud State University in industrial engineering, with a grade point average (GPA) of 2.25 on a 4-point scale. In January 1992, Seagate promoted Enowmbitang to the position of engineering technician, with a wage оf $8.92 per hour. Enowmbitang subsequently received several pay and grade raises, and was earning $12.29 per hour at the time of his resignation in September 1994. While working at Seagate, Enowmbitang began a master’s degree program in engineering at St. Thomas University. Enowmbitang completed course work for his master’s degrеe in 1993, and received his degree in 1997.
While employed by Seagate, Enowmbitang sought a promotion to industrial engineer, a position offering greater compensation and requiring greater responsibility than the position of engineering technician. Enowmbi-tang applied for the position five times, and each time Seagate selected a different candidate. The candidates selected instead of Enowmbitang had undergraduate GPAs that were superior to Enowmbitang’s, ranging from 3.23 to 3.8. Seagate contends that it based its decisions, in part, on the superior GPAs possessed by the successful candidates.
Fоllowing his resignation from Seagate, Enowmbitang filed claims of discrimination with the Minnesota Department of Human Rights and the Equal Employment Opportunity Commission, and subsеquently filed this complaint with the district court. In his complaint, Enowmbitang alleged that Sea-gate had violated Title VII, 42 U.S.C. § 2000e-2(a)(l), and the Minnesota Human Rights Act, Minn.Stat. § 363.03, Subd. l(2)(c), by passing him over for promotions because of his race and national origin, by failing to give him a computer to work on, and by giving him an unfairly poor evaluаtion.
Following discovery and upon motion by Seagate, the district court granted partial summary judgment against Enowmbitang on his failure to promote claim. Subsеquently, the district court sua sponte granted summary judgment against- Enowmbitang on his remaining claims, concluding that he had failed to state a claim upon which reliеf could be granted. Enowmbitang now appeals.
II.
Enowmbitang first argues that the district court erred in granting summary judgment against him on his failure to promote claim. Reviеwing the district court’s grant of summary judgment de novo,
see Unigroup, Inc. v. O’Rourke Storage & Transfer Co.,
Seagate has conceded that Enowmbitang presented prima facie cases of discrimination based on race and national origin: Enowmbitang is a member of protеcted classes, he applied for the promotions, he was qualified for the promotions, and the promotions went to persons who are not members of protected classes.
See Lidge-Myrtil v. Deere & Co.,
We also conclude that Enоwmbitang has failed to meet his burden of presenting evidence showing that Seagate’s reason is pretextual. Seagate personnel have exрlained that the industrial engineer position has a GPA requirement. See Aff. of Richard Berger ¶ 2 (“In order to be a candidate for an engineering position at Seаgate’s Recording Head Operations, all applicants are screened against a grade point average (‘GPA’) of 3.0 or better on a 4.0 scale.”), reprinted in Appellee’s App. at 108; see also Dep. of Michael Usrey at 47-48 (“My understanding of Seagate’s requirement is an engineering degree from an ABET accredited institution with a GPA of 3.3.”), reprinted in Appellаnt’s App. at 121-22. It is undisputed that each of the five individuals selected to be industrial engineers instead of Enowmbitang had an undergraduate GPA over 3.2, which is significantly supеrior to Enowmbitang’s undergraduate GPA of 2.25. Enowmbitang presented no evidence to the district court to support his bare assertion that GPA was unimportant to Sеagate, and that the real reason that Enowmbitang was not promoted was because of his race or his national origin. Accordingly, we conclude that the district court properly granted summary judgment on Enowmbitang’s failure to promote claim. 2
III.
Enowmbitang also contends that the district court erred in granting summary judgment sua sponte on his remaining claims without giving him an opportunity to respond. We disagree.
A district court may properly grant summary judgment sua sponte and without prior notice “if the losing party has failed to state a claim upon which relief may be granted.”
Coplin v. Fairfield Pub. Access Television Comm.,
To bring a cause of action under Title VII, а plaintiff must allege that he has suffered
1
adverse employment action.
See Ledergerber v. Stangler,
Finally, Enowmbitang argues on appeal that he “was consistently paid less than similarly situated non-foreign born Caucasian emрloyees.” Appellant’s Br. at 27. This argument was not raised in Enowmbitang’s complaint, was not considered by the district court, and will not be considered for the first time on appeal.
See Von Kerssenbrock Praschma v. Saunders,
Notes
. The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.
. Enowmbitang has submitted to this Court a number of documents, including his own deposition, which were never presented to the district court. Relying on this Court’s precedеnt, Sea-gate has moved to strike these documents from the Appellant’s Appendix. See Rivers-Frison v. Southeast Mo. Community Treatment Ctr., 133 F3d 616, 619 n. 2 (8th Cir.1998). Because these materials were available to Enowmbitang but were not submitted to the district court, we decline to consider them on appeal, and wc grant Seagate's motion to strike.
