Rucker v. Sacramento County Child Protective Services

MEMORANDUM

Harold J. Rucker, Jr., appeals from the district court’s order dismissing with prejudice his action alleging disability discrimination in violation of federal and state law and tortious discharge. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s decision regarding whether a claim is time-barred. Santa Maria v. Pac. Bell, 202 F.3d 1170, 1175 (9th Cir.2000). Where the facts are undisputed, the legal question of whether equitable tolling applies is also reviewed de novo; otherwise, we review for abuse of discretion. Id. We affirm.

It was error for the district court to conclude that it lacked subject matter jurisdiction, because the time limits for filing a charge with the Equal Employment Opportunity Commission (“EEOC”) and thereafter for filing a civil suit are not prerequisites to federal court jurisdiction but instead operate as statutes of limitation subject to equitable doctrines. Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393 , 102 S.Ct. 1127 , 71 L.Ed.2d 234 (1982); Nelmida v. Shelly Eurocars, Inc., 112 F.3d 380, 384 (9th Cir.1997). However, we may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d…