Gomez

Gomez v. United States Postal Service

Good Law
32 F. App'x 889
United States Court of Appeals for the Ninth CircuitMarch 22, 2002No. 00-17402; D.C. No. CV-99-00673-WBSCalifornia1,404 words

Opinion

Lead Opinion

MEMORANDUM **

In this employment discrimination case, Michael Gomez appeals the district court’s order dismissing his case and granting summary judgment in favor of the United States Postal Service. Gomez, a male Hispanic who was born in the United States and is of the Roman Catholic faith, contends that his employment with the Postal Service was terminated on account of his race, color, religion, national origin, and physical disability. He also contends that the Postal Service retaliated against him for filing discrimination complaints and a workers compensation claim. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. Title VII of the Civil Rights Act

Before bringing a Title VII claim in federal court, an aggrieved Postal Service employee must first pursue applicable administrative remedies, which include filing an informal complaint for counseling and, subsequently, filing a formal administrative complaint. See 29 C.F.R. § 1614.105 (informal counseling); 29 C.F.R. § 1614.106 (formal complaint); Sommatino v. United States, 255 F.3d 704, 707-08 (9th Cir.2001). Gomez lodged informal and formal complaints, containing various allegations of disparate treatment and…

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