Thomas Bower v. City and County of San Francisco

MEMORANDUM

Plaintiff Thomas Bower sued the City and County of San Francisco (the “City”) after he was demoted from his position in the Department of Building Inspection (“DBI”). Bower claimed that the City had engaged in discrimination and retaliation on the basis of race and religion under Title VII and on the basis of a disability under the Americans with Disabilities Act (“ADA”). Bower appeals the district court’s decisions: (1) dismissing his Title VII claims for failure to exhaust the Equal Employment Opportunity Commission (“EEOC”) investigation process; and (2) granting summary judgment to the City on his remaining ADA claims. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the determination that a claim is barred for failure timely to exhaust administrative remedies. See Rodriguez v. Airborne Express, 265 F.3d 890, 896 (9th Cir.2001). We also review a district court’s grant of summary judgment de novo. EEOC v. UPS Supply Chain Solutions, 620 F.3d 1103, 1110 (9th Cir.2010). Summary judgment is proper if the materials before the district court demonstrate that there is no genuine issue as to any material fact and that the moving party is…