Regacho
Regacho v. Potter
Opinion
Lead Opinion
MEMORANDUM *
Rodolfo Regacho appeals the district court’s grant of summary judgment for the *909 United States Postal Service (“USPS”) on his claims that USPS denied him training, failed to accommodate him, and terminated him in violation of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 & 794(a), Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and the Age Discrimination in Employment Act, 29 U.S.C. § 633a. The district court granted USPS’s motion to dismiss Regacho’s claims related to denial of training and accommodation, finding that Regacho had failed to timely consult with an Equal Employment Opportunity (“EEO”) counselor as required by 29 C.F.R. § 1614.105 (a)(1). The district court subsequently granted USPS’s motion for summary judgment on Regacho’s remaining claims because all of the alleged discriminatory actions also occurred more than forty-five days prior to the date that Regacho consulted with the EEO counselor. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
We review de novo whether a plaintiff has exhausted required administrative remedies. Josephs v. Pacific Bell, 443 F.3d 1050, 1061 (9th Cir.2006). Under 29 C.F.R. §…