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SANTA MARIA v. PACIFIC BELL

No. 98-16437.

202 F.3d 1170 (2000)

James F. SANTA MARIA, Plaintiff-Appellee, v. PACIFIC BELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 25, 2000.

Attorney(s) appearing for the Case

Jim D. Newman, Pacific Telesis Group, San Francisco, California, for the defendant-appellant.

William A. Wineberg, Wineberg, Simmonds & Narita, San Francisco, California, for the plaintiff-appellee.

Before: FLETCHER and SILVERMAN, Circuit Judges, and STAGG, District Judge.

SILVERMAN, Circuit Judge:

This disability discrimination case concerns the circumstances under which equitable estoppel or equitable tolling will excuse the failure to file a timely EEOC charge. We hold that a plaintiff's reasonable reliance on fraudulent concealment is required for application of the doctrine of equitable estoppel. We also hold that equitable tolling will not excuse the untimely filing of an EEOC charge by a plaintiff who, within the time limit,...

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