Michael Leon v. Danaher Corporation

Good Law
474 F. App'x 591
United States Court of Appeals for the Ninth CircuitJuly 11, 201211-17145California456 words

Opinion

Opinion

MEMORANDUM

Michael A. Leon appeals pro se from the district court’s judgment dismissing his employment action alleging discrimination and retaliation claims under Title VII and the Americans with Disabilities Act (“ADA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Colony Cove Props., LLC v. City of Carson, 640 F.3d 948, 955 (9th Cir.2011), and we affirm.

The district court properly dismissed Leon’s claims against the individual defendants because neither Title VII nor the ADA impose liability on individual employees. See Walsh v. Nev. Dep’t of Human Res., 471 F.3d 1033, 1037-38 (9th Cir.2006).

The district court properly dismissed Leon’s claims arising from events allegedly occurring during his employment because Leon failed to exhaust his administrative remedies in a timely manner. See Santa Maria v. Pac. Bell, 202 F.3d 1170, 1176 (9th Cir.2000) (Under Title VII and the ADA, “failure to file an EEOC charge within the prescribed 300-day period ... is treated as a violation of a statute of limitations[.]”), overruled on other grounds by Socop-Gonzalez v. I.N.S., 272 F.3d 1176, 1194-96 (9th Cir.2001) (en banc).

The district court properly dismissed Leon’s…

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