Paillet

Paillet v. Pacific Gas & Electric Co.

Good Law
171 F. App'x 136
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 04-17503California271 words

Opinion

Lead Opinion

MEMORANDUM ***

Tera E. Paillet, a former employee of Pacific Gas and Electric Company, appeals pro se from the district court’s judgment dismissing for failure to state a claim her action alleging employment discrimination and violation of the Americans with Disabilities Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review do novo dismissal under 28 U.S.C. § 1915 (e)(2). See Huftile v. Miccio-Fonseca, 410 F.3d 1136,1138 (9th Cir.2005). We affirm.

The district court properly dismissed Paillet’s action because, although she alleged she suffered discrimination between 1982 and 1986, she did not attempt to file any administrative claims until March, 2004, and she did not file a complaint in district court until September 8, 2004. She offered no explanation for the long delay. Consequently, her claims are barred. See 42 U.S.C. § 2000e-5(e)(l) (requiring claimants to file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of the date the discrimination occurred); 42 U.S.C. § 12117 (a) (establishing that this 300-day filing requirement applies to charges under the Americans *137 with Disabilities Act); see Josephs v.…

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