Robert Miller v. Shayna Olesiuk

MEMORANDUM

Robert Michael Miller appeals pro se from the district court’s judgment dismissing for failure to exhaust administrative remedies his action alleging various federal and state law claims in connection with his employment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Vinieratos v. U.S., Dep’t of Air Force, 939 F.2d 762 , 767-68 (9th Cir.1991), and we affirm.

The district court properly concluded that Title VII and the Rehabilitation Act (“RA”) were Miller’s exclusive remedies for claims of discrimination in federal employment. See Boyd v. U.S. Postal Serv., 752 F.2d 410, 413-14 (9th Cir.1985) (Title VII is the exclusive remedy for discrimination by the federal government on the basis of sex, and the RA is the exclusive remedy for discrimination by the federal government on the basis of disability); see also Brock v. United States, 64 F.3d 1421, 1424 (9th Cir.1995) (Title VII’s exclusivity regarding discrimination on the basis of sex also applies to discrimination on the basis of gender); Clemente v. United States, 766 F.2d 1358 , 1364 n. 7 (9th Cir.1985) (“To the extent that plaintiffs Bivens claims are founded in actions proscribed by Title VII,…