Crown

Crown v. Wal-Mart Stores, Inc.

Good Law
8 F. App'x 776
United States Court of Appeals for the Ninth CircuitApril 26, 2001No. 99-56791; D.C. No. CV-98-09189-DTCalifornia881 words

Opinion

Lead Opinion

MEMORANDUM

Frances Crown appeals the district court’s grant of summary judgment in favor of Wal Mart Stores, Incorporated in her diversity action brought under the California Fair Employment and Housing Act (FEHA) alleging unlawful retaliation for her sexual harassment complaint. We review a grant of summary judgement de novo and we AFFIRM. Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000). Because the parties are familiar with the factual and procedural history of the case, we do not recount it here except as necessary to explain our decision.

This Court has previously noted that under California law, exhaustion of state administrative remedies is a jurisdictional prerequisite to a FEHA action. 3 Stache v. *778 International Union of Bricklayers, 852 F.2d 1231 , 1233 (9th Cir.1988) (holding that where union member neither named defendant in her administrative charge, nor alleged facts implying that defendant discriminated against her, subsequent action would be dismissed for failure to exhaust administrative remedies).

Crown filed FEHA complaints alleging sexual harassment by co-workers at Wal Mart. During Wal Mart’s investigation of these allegations, the…

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