* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata, and col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### October 3, 2005

Clerk of Court UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT

DANIEL W. MAHON,

Plaintiff - Appellant,

v. AMERICAN AIRLINES, INC., a Delaware corporation,

Defendant - Appellee. No. 04-5143 (D.C. No. 00-CV-1008-E) (N.D. Okla.)

ORDER AND JUDGMENT *

Before EBEL , HARTZ , and McCONNELL , Circuit Judges.

After examining the briefs and appellate record, th is panel has determined unanimously that oral argument would not materiallyassist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). T he case is therefore ordered submitted without oral argument. Plaintiff-appellant Daniel W. Mahon appeals from th e district court’s order granting summary judgment in favor of defendant Ame rican Airlines, Inc., with respect to Mahon’s equal protection claim under 42 U.S.C. § 1981. We affirm. The facts of this case are set out in a previous de cision from this court and
need not be reiterated in detail here. See Mahon v. Am. Airlines, Inc. , 71 Fed. Appx. 32 (July 28, 2003). Mr. Mahon is a white mal e who contends that-2-

American engaged in reverse discrimination by termi nating his employment. Mr. Mahon’s employment was terminated after he created a pamphlet for a company-sponsored group known as the Caucasian Empl oyee Resource Group (CERG) at American. The pamphlet, which was distri buted at a diversity fair sponsored by American, lauded the achievements of C aucasian aviators and allegedly contained white supremacist rhetoric. American suspended the CERG after some of its non-C aucasian employees found the pamphlet offensive. At a subsequent meet ing with American’s management about the pamphlet and the suspension of the CERG, Mr. Mahon wore a tee shirt depicting the cover of the Turner Diaries , a book containing white supremacist ideology and scenes of violence t oward non-white people and “race traitors.” His employment was terminated bas ed on his violation of written work rules that prohibited threatening and intimidating behavior toward other employees and conduct detrimental to other employee s and American Airlines. In our prior decision, we affirmed the district cou rt’s dismissal of all of Mr. Mahon’s claims, except for his equal protection claim. On appeal, Mr. Mahon argues that the district court inappropri ately granted summary judgment on this claim because genuine issues of material fact remain for determination by a jury.
We review a district court's grant or denial of sum mary judgment de novo. Summary judgment is appropriate if the plead ings, depositions, answers to interrogatories, and admiss ions on file, together with the affidavits, if any, show that the re is no genuine issue as to any material fact and that the moving p arty is entitled to a judgment as a matter of law. In determining whethe r the evidence presents a genuine issue of material fact, we view it in the light most favorable to the party against whom summary judgment was entered.-3-

Stanko v. Maher , 419 F.3d 1107, 1111-12 (10th Cir. 2005) (quotatio n omitted). Having carefully reviewed the briefs, the record, a nd the applicable law pursuant to this standard, we AFFIRM summary judgme nt for substantially the reasons stated in the district court’s order of Sep tember 9, 2004.
Entered for the Court

Michael W. McConnell Circuit Judge