Jerome D. Torczyner v. Lockheed Missiles & Space Company, Inc.

103 F.3d 141 9 NDLR P 69 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerome D. TORCZYNER, Plaintiff-Appellant, v. LOCKHEED MISSILES & SPACE COMPANY, INC., Defendant-Appellee. No. 95-17121. United States Court of Appeals, Ninth Circuit. Submitted Nov. 8, 1996. * Decided Nov. 20, 1996. Before: HUG, Chief Judge, REAVLEY ** and LEAVY, Circuit Judges. 1 MEMORANDUM *** 2 Jerome Torczyner appeals the district court's dismissal of his Americans with Disabilities Act ("ADA") claim pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to timely file a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"). Torczyner asserts the following arguments on appeal: (1) that the district court erred in applying the 180-day filing requirement as opposed to the 300-day requirement; (2) that Torczyner's completed EEOC intake questionnaire constituted a valid charge of discrimination; (3) that Torczyner's claim was subject to the doctrine of…