Reszetylo

concurring and dissenting.

I concur in the determination that the district court properly granted summary judgment against Reszetylo on her hostile environment, acts of sex discrimination, and ADA claims. However, I dissent from the determination that, simply due to propinquity, she has presented a triable case for retaliation on account of her sexual discrimination complaints. Propinquity alone should not suffice here. See Clark County Sch. Dist. v. Breeden, 532 U.S. 268, 273-74 , 121 S.Ct. 1508, 1511 , 149 L.Ed.2d 509 (2001). At any rate, as I see it, she *826 has not presented evidence that Morgan Stanley’s nondiseriminatory reason for telling her to come into the office (a desire by her manager to supervise her more closely) and for terminating her (her virtual refusal to come into the office on a regular basis) was pretextual. See Brown v. City of Tucson, 386 F.3d 1181 , 1188 (9th Cir. 2003); Brooks v. City of San Mateo, 229 F.3d 917, 928 (9th Cir.2000).

MEMORANDUM *

Linda Reszetylo appeals the district court’s order granting Morgan Stanley’s motion for summary judgment. We review that decision de novo. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002). With respect to Reszetylo’s claims that Morgan Stanley retaliated against her because she complained of gender discrimination, we reverse. With respect to all other claims, we affirm.

*824 Morgan Stanley was entitled to summary judgment on Reszetylo’s claims for sex discrimination based on a hostile work environment because those claims are time-barred. National R.R. Passenger Corp. v. Morgan, 536 U.S. 101,116-18 , 122 S.Ct. 2061 , 153 L.Ed.2d 106 (2002) (to make out a continuing violation, there must be at least one timely act that is related to the other, untimely acts comprising a hostile work environment); Richards v. CH2M Hill, Inc., 26 Cal.4th 798, 811-12 , 111 Cal.Rptr.2d 87 , 29 P.3d 175 (2001) (employment discrimination claims under FEHA are limited to acts that occurred within one year of the filing date); 42 U.S.C. § 2000e-5(e)(l) (Title VII claims for discriminatory treatment in the workplace must be filed within 300 days of the alleged unlawful employment…