Bobbie Jean Green v. Los Angeles County Superintendent of Schools Los Angeles County Office of Education Los Angeles County Board of Education

Appellant Bobbie Jean Green appeals the district court’s dismissal of her discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (1982) and the Civil Rights Act of 1866, 42 U.S.C. § 1983 (1982) because they were untimely. The district court held that Green’s Title VII claim was untimely under 42 U.S.C. § 2000e-5(c), (e) because she filed her charge of discrimination with the California Department of Fair Employment and Housing (DFEH) more than 240 days after the last act of alleged discrimination, and the DFEH did not terminate its processing of Green’s claim by waiving jurisdiction to the Equal Employment Opportunity Commission (EEOC) until more than 300 days from the last act of alleged discrimination. The district court dismissed Green’s section 1983 claim as untimely because it was filed more than a year after the Supreme Court’s decision in Wilson v. Garcia, 471 U.S. 261 , 105 S.Ct. 1938 , 85 L.Ed.2d 254 (1985).

Green appeals the dismissal of both claims. We reverse the dismissal of the Title VII claim and affirm the dismissal of the section 1983 claim.

I

BACKGROUND

A. Title VII Time Limit Provisions

Under section 706(e) of Title…