Eduardo P. TRUJILLO, Plaintiff-Appellant, v. COUNTY OF SANTA CLARA, Defendant-Appellee

Trujillo appeals from the district court’s dismissal of his employment discrimination claims on the ground that they are precluded by Trujillo’s previous actions initiated under California’s administrative procedures. The district court had jurisdiction under 42 U.S.C. §§ 1981 , 1983, Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e to 2000e-17, and pursuant to 28 U.S.C. §§ 1331 , 1343. We have jurisdiction under 28 U.S.C. § 1291 . We affirm, in part on other grounds.

I

In August 1974, the County of Santa Clara Sheriff’s Department (the County) hired Trujillo to work on a federally-funded project (the project) to study the control, custody and care of jail inmates. The County hired Trujillo for the position of Administrative Analyst II on a six-month provisional basis.

In order to advance to the status of permanent employee, Trujillo was required to pass a civil service examination. He failed the examination and, as a result, the County terminated his employment in February 1975. Had Trujillo passed this examination and a further oral examination, he would have continued in his position until the project’s termination in August 1977. After a successful…