Veronda

MEMORANDUM *

Raymond J. Veronda (“Veronda”) appeals the district court’s dismissal of his Title VII (42 U.S.C. § 2000e et seq.) action against the California Department of Forestry and Fire Protection (“CDF”). The district court dismissed the complaint without leave to amend under Fed.R.Civ.P. 12(b)(6) (failure to state a claim) on the ground that Veronda failed to file his administrative complaint with the Equal Opportunity Employment Commission (“EEOC”) within the applicable time limit. *733 We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse and remand for further proceedings.

1. Background

In examining the district court’s Rule 12(b)(6) dismissal, this court takes allegations of material fact stated in the complaint and the exhibits to the complaint as true and construes them in the light most favorable to the nonmoving party. Schneider v. Cal. Dept. of Corrections, 151 F.3d 1194 , 1196 (9th Cir.1998).

According to the complaint and exhibits, Veronda worked for 23 years for the CDF. He alleges that he was forced to retire on June 21, 1996, due to his efforts to speak out regarding CDF’s discriminatory hiring practices and its violations of the disability laws.…