Edu-Hi

MEMORANDUM

Appellant Rebecca Aris appeals from the district court’s judgment dismissing her Title VII claims as barred by the statute of limitations. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Aris’s sole argument on appeal is that she is entitled to equitable tolling under Burnett v. New York Central Railroad Co., 380 U.S. 424 , 85 S.Ct. 1050 , 13 L.Ed.2d 941 (1965). When the underlying facts are undisputed, we review de novo whether equitable tolling applies. O’Donnell v. Vencor Inc., 466 F.3d 1104, 1109 (9th Cir. 2006).

In Burnett , the plaintiff sued in state court under the Federal Employers’ Liability Act (Act), but his case was dismissed for improper venue after the limitations period had run. 380 U.S. at 424-25 , 85 S.Ct. 1050 . He then refiled in federal court, but his claim was dismissed again as untimely. Id. at 425 , 85 S.Ct. 1050 . The Supreme Court reversed, concluding that the circumstances of the case merited tolling. Id. at 427-28 , 85 S.Ct. 1050 . As in other cases where plaintiffs had been “prevented from asserting” claims under the Act, the plaintiff in Burnett had not “slept on his rights,” but rather had filed a timely action in a…