Jay Johnson v. United States Treasury Department William Von Robb, Commissioner United States Customs

Jay Johnson has brought a race discrimination complaint against the United States Department of the Treasury and related defendants (collectively, “Treasury Department”) pursuant to 42 U.S.C. § 2000e-16. See Johnson v. United States Dep’t of the Treasury, 939 F.2d 820, 821 (9th Cir.1991). The district court entered summary judgment in favor of the Treasury Department, and Johnson appealed. We affirm.

I

Johnson, a black male, asserts that, the Treasury Department discriminated against him by failing to promote him to the position of Director of Labor Management at Customs in Los Angeles. The Treasury Department posted a vacancy in this position on May 18, 1981. On July 12, 1981, the Treasury Department promoted a white male to the position. On May 18,1982, Johnson complained to an Equal Employment Opportunity (“EEO”) counselor that the Treasury Department’s decision to hire the white male, rather than him, was based on his race.

The district court entered judgment against Johnson because his complaint to the EEO counselor was untimely. We agree. Federal regulations require that a federal employee raise a discrimination claim with an EEO counselor within thirty days of an adverse…