624 F.3d 1240
9th Cir.2010Background
- Stiefel, an ironworker for Bechtel, injured his left hand five weeks before being laid off on March 3, 2006 at the San Onofre plant.
- Bechtel cleared him for light duty; Stiefel alleges only two light-duty days before being compelled to perform two-handed tasks.
- He claims Bechtel reduced him for medical reasons and later passed him over for jobs due to not being 100% healed.
- Stiefel asserted pre-termination and termination ADA claims; post-termination claims allege nonrehiring and failure to accommodate after cast removal.
- DFEH/EEOC charges were filed; district court dismissed on timeliness grounds, leading to appeals based on worksharing agreements.
- Union referral procedures and roll-call attendance governed Bechtel’s method of rehiring; Stiefel missed many roll calls after layoff.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of EEOC charge under ADA and worksharing | Stiefel’s DFEH charge was enough to trigger rights under worksharing. | Failure to file with EEOC within 30 days barred claims. | Reversed: worksharing deems EEOC timely; suit timely. |
| Post-termination rehiring claims viability | Bechtel refused rehire and accommodations in retaliation for seeking accommodation. | No ineffective rehiring because Union referrals, not Bechtel, controlled hiring; futile gesture absent. | Affirmed: no triable issue; failure to apply or futile belief not shown. |
Key Cases Cited
- Surrell v. Cal. Water Serv., 518 F.3d 1097 (9th Cir. 2008) (worksharing deems state charge timely for EEOC right-to-sue)
- HolIy D. v. Cal. Inst. of Tech., 339 F.3d 1158 (9th Cir. 2003) (futile gesture doctrine in ADA context)
- Gutowsky v. County of Placer, 108 F.3d 256 (9th Cir. 1997) (ability to show discrimination without filing an actual application)
- United States v. Teamsters, 431 U.S. 324 (U.S. 1977) (futile gesture concept for discrimination claims)
- Pickern v. Holiday Quality Foods, 293 F.3d 1133 (9th Cir. 2002) (application of futile gesture to ADA claims)
- Crown, Cork & Seal Co. v. Parker, 462 U.S. 345 (U.S. 1983) (tolling of 90-day statute of limitations during related proceedings)