Shinseki
Fang-Yuh Hsieh v. Shinseki
Opinion
Lead Opinion
MEMORANDUM **
Fang-Yuh Hsieh appeals pro se from the district court’s summary judgment in his action alleging discrimination, retalia *297 tion, and harassment in violation of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (“ADEA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment and determination that certain claims are time-barred, Payan v. Aramark Mgmt. Servs. Ltd. P’ship, 495 F.3d 1119, 1121 (9th Cir.2007), and we affirm.
The district court properly determined that Hsieh’s discrimination and retaliation claims based on his 2002 termination, and his harassment claim, were time-barred because he did not file this action within 90 days of receiving the right-to-sue letter. See 42 U.S.C. § 2000e-6ffl(l); 29 U.S.C. § 626 (e). The district court did not abuse its discretion by declining to apply equitable tolling or equitable estoppel because Hsieh failed to establish grounds warranting such relief from the 90-day time limit. See Santa Maria v. Pac. Bell, 202 F.3d 1170, 1175-79 (9th Cir.2000) (setting forth standard of review and discussing equitable tolling and equitable…