UPS

McKenney v. United Parcel Service, Inc.

Good Law
600 F. App'x 538
United States Court of Appeals for the Ninth CircuitApril 20, 201513-56230California340 words

Opinion

Opinion

MEMORANDUM

Alissa McKenney appeals the district court’s judgment on the pleadings for the United Parcel Service. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

McKenney’s claims under the California Fair Employment and Housing Act (FEHA) with respect to her 2008 transfer and demotion to supervisor were barred by the one-year statute of limitations. Cal. Gov’t Code § 12960(d). Her lack of knowledge does not preserve these claims because she filed her complaint more than one year and 90 days after the 2008 transfer. See Cal. Gov’t Code § 12960(d)(1). The continuing violations doctrine also does not apply because her 2008 transfer obtained a degree of permanence. Richards v. CH2M Hill, Inc., 26 Cal.4th 798, 823 , 111 Cal.Rptr.2d 87 , 29 P.3d 175 (2001) (determining the continuing violations doctrine applies when an employer’s multiple unlawful actions are sufficiently similar in kind, occur with reasonable frequency, and have not acquired a degree of permanence).

By failing to replead her failure to accommodate and failure to engage in the interactive process FEHA claims with respect to her December 2010 conversation with Thompson and Kocheck, McKenney voluntarily…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.