Barnett

Barnett v. Nevada

Good Law
5 F. App'x 629
United States Court of Appeals for the Ninth CircuitFebruary 26, 2001No. 99-16230; D.C. No. CV 99-081 ECRCalifornia851 words

Opinion

Lead Opinion

MEMORANDUM *

I

Kristal Barnett (“Barnett”) appeals the district court’s dismissal of her complaint under Title VII of the Civil Rights Act of 1964 (“Title VII”) for failure to exhaust her administrative remedies. We review the dismissal of her claim de novo. See Witte v. Clark County Sch. Dist., 197 F.3d 1271 , 1274 (9th Cir.1999). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

II

Barnett became pregnant while working as a correctional officer for the Nevada Department of Prisons. She was allegedly denied reasonable accommodation and, as a result, attempted to file a charge with the Nevada Equal Rights Commission (“NERC”). Pursuant to 29 C.F.R. § 1601.12 (b) and Nev.Rev.Stat. § 233.160, she submitted a general intake questionnaire to the NERC. 1 After receiving her completed questionnaire, however, the NERC informed Barnett that her charge would not be filed until she filled out some additional forms and submitted additional information. In January 1998, Barnett’s attorney responded to some of the NERC’s queries, but still failed to submit the appropriate forms. The NERC promptly informed Barnett’s attorney that the response was insufficient and that more…

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