Brenda L. BROCK, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee

Brenda L. Brock appeals the district court’s dismissal of her claim under the Federal Torts Claim'Act, 28 U.S.C. § 1346 (b), § 2671 et seq. (FTCA). The district court found that she had failed to state a claim upon which relief could be granted based on its conclusion that Brock’s FTCA claim was precluded by Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII). Brock timely appeals. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm in part and reverse in part and remand.

I.

Because we are reviewing a dismissal of Brock’s complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6), we accept as true all the following material allegations of the complaint. See Carson Harbor Village Ltd. v. City of Carson, 37 F.3d 468, 472 (9th Cir.1994).

In 1989, Brock was employed by the Forest Service under the supervision of Gerald McKinney. On several occasions, McKinney made offensive sexual comments and unwanted sexual advances to her. During overnight field outings, she was forced to share sleeping accommodations with McKinney. She alleges that during these outings, he subjected her to unwanted physical contact, namely rubbing her back, touching her…