United States Ninth Circuit
O'Donnell v. Vencor, Inc., 05-15687
Dismissal of plaintiff's employment discrimination claims as time-barred is affirmed in part as to dismissal of her Title VII and Age Discrimination in Employment Act (ADEA) claims, but reversed in part as to Equal Pay Act (EPA) claims which were timely because: 1) an amendment asserting the EPA claims "relates back" to a second complaint; and 2) equitable tolling applies, making the second complaint timely under the EPA statute of limitations. (Amended opinion)
Appellate Information
- Argued 08/15/2006
- Decided 10/31/2006
- Published 10/31/2006
Judges
- PER CURIAM., Before CANBY, THOMPSON, and HAWKINS, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Nicholle Harris and Aeryn Heidermann, Law Students, and Willie Jordan-Curtis, Supervising Attorney, University of Arizona, Tucson, AZ, for the plaintiff-appellant.
- For Appellees:
- Thomas L. Hudson, Phoenix, AZ, for the defendants-appellees.