Lopez

MEMORANDUM *

Manuel Lopez appeals the district court’s grant of summary judgment in favor of Defendant-Appellee Produce Exchange in his employment discrimination action, which includes both federal and state claims. We hold that Lopez did not fail to exhaust his administrative remedies prior to filing suit, and therefore reverse and remand for further proceedings.

Lopez argues that the district court erred in failing to apply state law and in finding that he failed to exhaust his administrative remedies. He argues in the alternative that any failure to exhaust his administrative remedies is excused under either equitable estoppel or equitable tolling. Finally, Lopez contends that the Defendant-Appellee waived its exhaustion defense by failing to raise it in a timely manner. As to Lopez’s last assertion, because the Defendant-Appellee raised the exhaustion defense in its answer to Lopez’s complaint, we find Lopez’s claim of waiver without merit. We therefore proceed to a discussion of whether Lopez exhausted his administrative remedies before filing suit.

First, we conclude that the district court did not err in its application of federal law. We have held previously that Title…