Martin
Martin v. Nevada Employment Security Division
Opinion
Lead Opinion
MEMORANDUM ***
B. James Martin appeals the district court’s dismissal of his lawsuit against the State of Nevada Employment Security Division, Nevada Equal Rights Commission and Carlos Romo (collectively the “Division”). The district court granted the Division summary judgment, finding that Martin had failed to exhaust administrative remedies in a timely fashion. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
To establish federal subject matter jurisdiction over his Title VII claim, Martin was required to exhaust his administrative remedies by filing a timely charge with the Equal Employment Opportunity Commission. 42 U.S.C. § 2000e-5(b); see B.K.B. v. Maui Police Dept, 276 F.3d 1091, 1099 (9th Cir.2002). The EEOC charge must be filed within 180 days “after the alleged unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(l). If the plaintiff institutes proceedings with a state or local agency “with authority to grant or seek relief from such practice,” the period of limitations for filing a charge with the EEOC is extended to 300 days. Id. The parties disagree as to whether Martin qualified for the longer limitations period. Because Martin’s charge was…