St. Andre v. Henderson

MEMORANDUM *

Plaintiff Robert St. Andre appeals the district court’s grant of summary judgment to the United States Postal Service (“USPS”) on St. Andre’s claims of race, sex, and disability discrimination in violation of Title VII, 42 U.S.C. § 2000e et seq., and the Rehabilitation Act, 29 U.S.C. § 794 . St. Andre filed an Equal Employment Opportunity (“EEO”) Complaint with the USPS on May 19,1997 alleging that he had suffered discrimination between 1985 and 1995. The district court granted summary judgment because St. Andre’s claim was barred by the statute of limitations applicable to federal employees. We affirm.

We review the district court’s grant of summary judgment de novo. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). As a federal employee, St. Andre was obliged to seek EEO counseling within 45 days of any alleged discriminatory act(s) in order to preserve his right to challenge the discrimination. 29 C.F.R. § 1614.105 (a)(1). Once the internal counseling process concludes, a claimant has only 15 days to file a formal charge with the EEOC. Id at § 1614.105(d). These administrative prerequisites apply to both Title VII and Rehabilitation Act claims. See…