Elshirbiny

Elshirbiny v. Hewlett Packard Co.

Good Law
23 F. App'x 699
United States Court of Appeals for the Ninth CircuitNovember 15, 2001No. 01-16152; D.C. No. CV-00-04104-MMCCalifornia296 words

Opinion

Lead Opinion

MEMORANDUM **

Alex Elshirbiny appeals pro se the district court’s summary judgment in favor of Hewlett-Packard Co. in her action alleging employment discrimination in violation of Title VII. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, see Burrell v. Star Nursery, Inc., 170 F.3d 951, 954 (9th Cir.1999), and we affirm.

The district court properly granted summary judgment to Hewlett-Packard on Elshirbiny’s claims. Elshirbiny failed to file her complaints with the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission within 300 days of the allegedly discriminatory events. Her claims were therefore untimely. See Draper v. Coeur Rochester, Inc., 147 F.3d 1104, 1107 (9th Cir.1998).

Because Elshirbiny failed to demonstrate extraordinary circumstances, the district court properly determined that she was not entitled to equitable tolling. Cf. Stoll v. Runyon, 165 F.3d 1238, 1242 (9th Cir.1999) (stating that equitable tolling is proper where “overwhelming evidence” demonstrates that complainant was completely disabled during the limitations period).

We decline to…

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