Schlosser

Schlosser v. Potter

Good Law
248 F. App'x 812
United States Court of Appeals for the Ninth CircuitSeptember 21, 2007No. 05-35868California2,733 words

Opinion

Lead Opinion

MEMORANDUM *

Larry G. Schlosser appeals from the district court’s denial of relief on his claims of age and disability discrimination by his employer, the United States Postal Service. The district court granted summary judgment for the Postal Service. In doing so, the district court declined to allow Schlosser to amend his complaint to allege claims under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. *814 § 633 (a), rather than Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, determined that judicial review of some of Schlosser’s claims was barred by his failure timely to exhaust his administrative remedies, and held that those claims that had been exhausted failed to allege nontrivial adverse employment decisions. We affirm, holding that (a) Schlosser failed timely to exhaust his administrative remedies for claims based on events that happened on or before his last day at work, February 11, 1997, (b) his claims based on actions that took place in May 1997, and later, fail to allege sufficient adverse employment decisions to state claims under the Rehabilitation Act, and (c) the district court did not abuse its discretion in denying leave to amend…

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