Hungate

Hungate v. Winter

Good Law
302 F. App'x 579
United States Court of Appeals for the Ninth CircuitDecember 1, 2008No. 07-55965California520 words

Opinion

lead Opinion

MEMORANDUM **

Maria Alicia Hungate appeals from the district court’s order granting Donald Winter’s motion to dismiss her Title VII claim and motion for summary judgment on her Vocational Rehabilitation Act claim. We affirm.

The district court correctly dismissed Hungate’s Title VII claim for race, national origin, and/or ancestry discrimination due to her failure to exhaust her administrative remedies. B.K.B. v. Maui Police Dep’t, 276 F.3d 1091, 1099-1100 (9th Cir.2002). Hungate’s race, national origin, and/or ancestry discrimination theory was not presented in the materials submitted to Equal Employment Opportunity Commission (EEOC) officials. In fact, Hun-gate’s race, national origin, or ancestry was never even disclosed. Hungate exclusively marked the “handicap” or “disability” box to designate the basis of each of her complaints, and her discrimination description does not indicate that she was ordered to stop speaking Spanish in the workplace for discriminatory or racially motivated reasons. In adjudicating Hun-gate’s appeal from the agency’s dismissal, the EEOC observed Hungate did not *581 “challenge the framing of the complaint,” as alleging “discrimination on the basis…

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