Saul Mendoza v. Lehigh Southwest Cement Compan

MEMORANDUM

Saul Mendoza appeals pro se from the district court’s judgment in his employment action alleging, among other things, harassment based on his disability, race and national origin. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), Wood v. City of San Diego, 678 F.3d 1075, 1080 (9th Cir.2012), and for an abuse of discretion its decision whether to apply equitable estop-pel or tolling, Leong v. Potter, 347 F.3d 1117, 1121 (9th Cir.2003). We affirm.

The district court properly dismissed Mendoza’s federal claims because Mendoza failed to file a timely complaint with the Equal Employment Opportunity Commission (“EEOC”), and he failed to demonstrate a basis for equitable estoppel or tolling. See 42 U.S.C. § 2000e-5(e) (setting forth the time for filing a complaint with EEOC under Title VII); Leong, 347 F.3d at 1123 (discussing the requirements for equitable estoppel and tolling); see also 42 U.S.C. § 12117 (a) (adopting 42 U.S.C. § 2000e-5 procedures for claims under the Americans with Disabilities Act). Moreover, the district court did not abuse its…