Rosemary Sachs v. R. James Nicholson

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
JUNE 4, 2007
No. 06-15366 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 05-61767-CV-DMM
ROSEMARY SACHS,
Plaintiff-Appellant,
versus
R. JAMES NICHOLSON,
Secretary- Department of Veterans Affairs, USA,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(June 4, 2007)
Before TJOFLAT, HULL and WILSON, Circuit Judges.
PER CURIAM:
Rosemary Sachs appeals the district court’s grant of summary judgment in
favor of the Department of Veterans Affairs and R. James Nicholson, in his official
capacity, on her claims of race, age, and sex discrimination, in violation of Title
VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e-16, and the
Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 623. Summary
judgment was entered because Sachs filed her complaint beyond the 45-day
limitation period set forth in 29 C.F.R. § 1614.105(a)(1) for exhausting an
administrative grievance. Although Sachs concedes that her administrative
complaint was eleven days late, she argues that she was entitled to waiver or
equitable tolling due to the severity and duration of a series of hurricanes that took
place during the limitation period. She also states, without any corroboration, that
she attempted to contact an EEO counselor but was unable to do so. After de novo
review, we agree with the district court that Sachs “was not prevented [for] reasons
outside her control from filing a complaint during the limitations period.”
AFFIRMED.
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