Aimee Greene v. Buckeye Valley Fire Dept
Opinion
Opinion
AMENDED MEMORANDUM
Plaintiff Aimee Greene sued Buckeye Valley Fire Department and its individual officers (“Defendants”) under Title VII of the Civil Rights Act of 1964, alleging gender discrimination and retaliation, and under 42 U.S.C. § 1983 , alleging denial of equal protection. The district court granted Defendants’ motion for summary judgment, and Plaintiff appeals. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo, Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2004), we affirm in part, reverse in part, and remand.
1. The district court did not err when it concluded that Plaintiffs Title VII claims arising out of “discrete acts of discrimination” that occurred before February 3, 2010, are time-barred. See Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 105 , 122 S.Ct. 2061 , 153 L.Ed.2d 106 (2002) (stating rule). The district court properly applied 42 U.S.C. § 2000e-5(e)(1), which sets forth the relevant limitations period. Alleged discriminatory acts that occurred before February 3, 2010, may, however, be used as background evidence to support Plaintiffs timely claims. Morgan, 536 U.S. at 113 , 122 S.Ct. 2061 .