Robert Rodriguez v. Airborne Express

Plaintiff Robert Rodriguez brought this action against Defendant Airborne Express (“Airborne”) for discrimination based on disability in violation of California’s Fair Employment and Housing Act (“FEHA”). After removing the case to federal court on the ground of diversity of citizenship, Airborne moved for summary judgment. The district court granted the motion, dismissing Rodriguez’s action for failure to exhaust administrative remedies under FEPIA. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse the summary judgment and remand for further proceedings to determine whether equitable considerations excuse Rodriguez’s failure to exhaust his administrative remedies.

BACKGROUND

Rodriguez was employed as a delivery truck driver by Airborne for seven years, until he was terminated in 1995, allegedly for absenteeism. Rodriguez contends that his attendance problems were caused by his severe mental depression that resulted from the death of his infant son and other family difficulties. He contends that, although his supervisors at Airborne were well aware that his absences were caused by his depression and the side-effects of his anti-depressant medications, they failed to…