Kaanapu

Kaanapu v. Potter

Good Law
51 F. App'x 244
United States Court of Appeals for the Ninth CircuitNovember 19, 2002No. 01-17556; D.C. No. CV-00-00659-SPKCalifornia1,740 words

Opinion

Lead Opinion

MEMORANDUM ***

Charlene Kaanapu (“Kaanapu”) appeals from the order granting summary judgment in favor of William J. Henderson, Postmaster General of the United States Postal Service (“Postal Service”). We affirm because the record shows that Kaana-pu failed to exhaust her administrative remedies by failing to appeal from the Postal Service’s final decision to the Equal Employment Opportunity Commission (“EEOC”) in a timely manner.

I

Kaanapu was a casual employee for the Postal Service at the main post office in Hawaii between November 20, 1989 and December 26,1997. She was employed for a maximum of six months and twenty-one days during each tour of duty. At the beginning of each period of temporary employment she was informed of the proper *245 procedure to follow and the time limitations involved in filing a claim of sex or age discrimination.

On December 26, 1997, Bonnie Tomoo-ka, who supervised Kaanapu’s work, informed her that she would not be rehired because she had received a negative performance evaluation. Thereafter, Kaana-pu contacted Nancy Kunishige, an Equal Employment Opportunity (“EEO”) counselor in January of 1998, within forty-five days of the Postal Service’s…

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