Charles Heckman v. Dirk Kempthorne

MEMORANDUM

Charles William Heckman appeals pro se from the district court’s summary judgement in his employment action alleging violations of the Veterans Employment Opportunities Act (“VEOA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the Whisteblower Protection Act (‘WPA”), and the Age Discrimination in Employment Act (“ADEA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Whitman v. Mineta, 541 F.3d 929, 931 (9th Cir.2008). We affirm in part, vacate in part, and remand.

The district court properly granted summary judgment on Heckman’s ADEA claims concerning the Department of the Interior’s alleged failure to hire him for numerous positions between 2003 and 2007 because Heckman failed to raise a genuine dispute of material fact as to whether he exhausted his administrative remedies. See id. at 932 (discussing administrative exhaustion requirements for federal employment under the ADEA).

Heckman failed to show that the district court had jurisdiction over his VEOA, US-ERRA, and WPA claims concerning the Department of the Interior’s alleged failure to hire him for numerous positions between 2003 and 2007. See 5 U.S.C. § 1214…