Kennedy v. Henderson

MEMORANDUM **

Sheila R. Kennedy appeals the district court’s grant of summary judgment against her based on a failure to exhaust available administrative remedies in her sexual discrimination and harassment action against the United States Postal Service. See Sommatino v. United States, 255 F.3d 704, 707 (9th Cir.2001); see also 29 C.F.R. §§ 1614.105 (a) (Pre-complaint processing), 1614.106(b) (Individual complaints). We affirm in part, and reverse and remand in part.

(1) Kennedy does not dispute that she delayed filing a formal complaint of discrimination until 1997, which was approximately six years after she initially sought the required EEO pre-complaint processing. See 29 C.F.R. § 1614.105 (a). Further, even though the limitations period to file a formal complaint of discrimination is subject to equitable tolling, see Leorna v. United States Dep’t of State, 105 F.3d 548, 551 (9th Cir.1997), Kennedy failed to submit evidence sufficient to raise a disputed factual issue of whether her alleged mental disability or incapacity precluded her from filing the discrimination complaint for approximately six years. Thus, the district court did not err when it granted summary judgment…