Martin

Martin v. United Auto Workers Union, Local 6645

Good Law
143 F. App'x 11
United States Court of Appeals for the Ninth CircuitJune 22, 2005No. 03-57175; D.C. No. CV-02-05595-WJRCalifornia467 words

Opinion

Lead Opinion

MEMORANDUM **

Delilah Martin appeals pro se the district court’s summary judgment in favor of the United Auto Workers Union Local 6645 (“UAW”) and the General Motors Corporation (“GM”) in her action alleging unlawful discrimination and breach of her union collective bargaining agreement in conjunction with a summer job. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Devereaux v. Abbey, 263 F.3d 1070, 1074 (9th Cir.2001) (en banc), and we affirm.

The district court properly granted summary judgment on Martin’s race and sex discrimination claims under Title VII because she failed to first raise these claims with the EEOC. See 42 U.S.C. § 2000e-16(c); Sommatino v. United States, 255 F.3d 704, 708 (9th Cir.2001).

The district court properly concluded that Martin’s race discrimination claims against GM under the California Fair Employment and Housing Act (“FEHA”) were time-barred because she filed these claims with the California Department of Fair Employment and Housing (“DFEH”) more than a year after the alleged discrimination. See Cal. Gov’t Code § 12960(d) (requiring that a charge of discrimination must be filed within one year). The district court…

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