Baumgarten
Baumgarten v. Board of Equalization of California
Opinion
lead Opinion
MEMORANDUM **
Grace C. Baumgarten appeals pro se from the district court’s summary judgment for defendants in her action alleging racial discrimination by her former employer, the California Board of Equalization (the “Board”), and her union (“Local 1000”), and breach of the duty of fair representation by Local 1000. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Manatt v. Bank of America, 339 F.3d 792, 796 (9th Cir.2003), and we affirm.
The district court properly granted summary judgment to the Board on Baumgarten’s discrimination claims because her action was filed more than ninety days after right-to-sue letters were sent to Baumgarten. See O’Donnell v. Vencor, Inc., 465 F.3d 1063, 1065-66 (9th Cir.2006) (affirming dismissal of Title VII claims filed more than ninety days after issuance of right-to-sue letter).
The district court properly granted summary judgment to the Board on Baumgar *712 ten’s retaliation claim because Baumgarten did not create a triable issue as to whether the Board’s legitimate, nondiseriminatory reason for terminating Baumgarten’s employment — her extended absence without leave — was pretext for retaliation. See Cornwell v.…