Peterson

MEMORANDUM *

Spencer Peterson III appeals the district court’s grant of summary judgment in favor of his employer, the California Department of Corrections and Rehabilitation (the “CDCR”). The district court held that claims one through five of Peterson’s six claims of racial discrimination (based on Title VII of the Civil Rights Act of 1964) are time-barred under 42 U.S.C. § 2000e-5, and that Peterson did not produce any evidence to support claim six. Peterson appealed the district court’s decision as to claims five and six. We reverse the district court with respect to claim five, regarding the CDCR’s Failure to promote Peterson to Correctional Lieutenant on December 6, 2004, and affirm the district court with respect to claim six.

(1)

Peterson filed a formal complaint with the EEOC on June 28, 2005, 204 days after the date of the alleged discriminatory act of December 6, 2004. He did not file a separate complaint with the California Department of Fair Employment and Housing (“DFEH”), the California agency responsible for enforcing state and federal employment discrimination laws. As a result, Peterson would appear at first blush to have run afoul of the requirement that he…