Kraus

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Plaintiff is an African-American female, and claims that her supervisors discrimi nated against her on the basis of race, gender, and disability. She also claims that her coworkers and supervisors created a hostile work environment by making discriminatory or retaliatory comments and management decisions. Defendant originally moved for summary judgment on the ground that Plaintiffs two administrative complaints were untimely and/or were unexhausted.

This Court granted the motion for summary judgment as to the first administrative complaint on the grounds that Plaintiff failed to meet her burden in demonstrating a prima facie case of discrimination or retaliation. The Ninth Circuit affirmed that holding as to those claims. As to the second administrative complaint, this Court held that Plaintiff failed to exhaust her administrative remedies by failing to complain to the correct person at the Equal Employment Opportunity Commission (EEOC) and by failing to evince an intent to pursue the complaints as required by EEOC regulations. 29 C.F.R. § 1614.105 . The Ninth Circuit reversed and remanded that holding on the ground that…