Ramnik M. Trivedi v. United States Department of Defense Northrop Corporation

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ramnik M. TRIVEDI, Petitioner, v. UNITED STATES DEPARTMENT OF DEFENSE; Northrop Corporation, Respondents. No. 94-70098. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 16, 1995. Decided Sept. 27, 1995. 1 Before: D.W. NELSON, T.G. NELSON, Circuit Judges, and SAMUEL P. KING, * District Judge. 2 MEMORANDUM ** 3 We review de novo the administrative law judge's (ALJ) decision in this case. Tovar v. United States Postal Service, 3 F.3d 1271, 1278 (9th Cir.1993). 4 Although the alleged discriminatory act in this case occurred on July 27, 1990, when Northrop laid off Trivedi, he did not file his discrimination charge with the office of the special counsel until approximately 16 months later, which is well outside the 180 day period provided in 8 U.S.C. Sec. 1324b(d)(3). As a result, the ALJ held that Trivedi's claim of citizenship status discrimination was untimely because he failed to file it…