Patricia Nosie v. Assoc. Of Flight Attendants

Good Law
472 F. App'x 802
United States Court of Appeals for the Ninth CircuitApril 26, 201210-17871California286 words

Opinion

Opinion

MEMORANDUM

Patricia Elizabeth Nosie appeals pro se from the district court’s judgment dismissing her action alleging discrimination and violation of the duty of fair representation by her former union. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Cholla, Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and we affirm.

The district court properly dismissed Nosie’s discrimination claims because Nosie failed to allege facts sufficient to show that she “was singled out and treated less favorably than others similarly situated on account of’ her sex, race, color or age. Beck v. United Food & Commercial Workers Union, Local 99, 506 F.3d 874, 882 (9th Cir.2007) (citation and internal quotation marks omitted) (setting forth prima facie case for a Title VII discrimination claim against a union); see also Shelley v. Geren, 666 F.3d 599, 607-08 (9th Cir.2012) (applying Title VII analysis to claims under the Age Discrimination in Employment Act).

The district court properly dismissed Nosie’s fair representation claims as time-barred because Nosie did not file her action within six months of learning that her former union would pursue her grievance no further.…

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