Dilettoso

MEMORANDUM **

David L. Dilettoso (“Dilettoso”), a longtime United States Postal Service (“USPS”) manager, appeals the grants of summary judgment to USPS in Dilettoso’s second and third Title VII actions against USPS, 1 alleging employment discrimination, retaliation, and a hostile work environment. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I. Second Title VII Action (District Court Case No. 01-02522)

The district court did not err in granting summary judgment to USPS in Dilettoso’s second Title VII action for the following reasons as well as for those set forth in the district court’s October 15, 2004 order.

A) Res Judicata

Dilettoso’s discrimination and retaliation claims based on discrete instances in 1996 and 1997 are barred by res judicata. Title VII’s exhaustion requirement is akin to a statute of limitations, Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393 , 102 S.Ct. 1127 , 71 L.Ed.2d 234 (1982), and summary judgment based on a failure to exhaust constitutes a judgment on the merits, see Mpoyo v. Litton Electro-Optical Sys., 430 F.3d 985, 988 (9th Cir.2005), *272 absent a showing of unfairness, In re Marino, 181 F.3d 1142, 1145 (9th…