Berlin L. Lawson, Appellant, v. Burlington Indus., Inc., Appellee, 683 F.2d 862 (4th Cir. 1982). · Go Syfert
Berlin L. Lawson, Appellant, v. Burlington Indus., Inc., Appellee, 683 F.2d 862 (4th Cir. 1982). Cases Citing This Book View Copy Cite
115 citation events (34 in the last 25 years) across 30 distinct courts.
Treatment trajectory · 1982 → 2026 · click a year to view as-of
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Cited for
At page 864 Evaluating equitable tolling for failure to file timely charge41 citing casescurred, Griffin v. Pacific Maritime Assoc., 478 F.2d 1118 (9th Cir.), cert. denied, 414 U.S. 859, 94 S.Ct. 69, 38 L.Ed.2d 109 (1973), and that an employer’s…opening of page *864 (no citing court says what it cites this page for) · 30 listed here
  • Hair, No. 3:25-cv-00269 (E.D. Va. Apr. 7, 2026).
    Equitable Tolling Equitable tolling “applies where the defendant has wrongfully deceived or misled the plaintiff in order to conceal the existence of a cause of action.” English v. Pabst Brewing Co., 828 F.2d 1047, 1049 (4th Cir. 1987) (ci…
  • Morton v. DeJoy, No. 3:23-cv-00620 (E.D. Va. Sept. 6, 2024).
    To demonstrate entitlement to equitable tolling, therefore, a plaintiff-employee must “show that the defendant attempted to mislead him and that the plaintiff reasonably relied on the misrepresentation by neglecting to file a timely charge…
  • Morton v. DeJoy, No. 3:23-cv-00618 (E.D. Va. Sept. 4, 2024).
    Similar to the application of equitable tolling under Virginia law, to demonstrate entitlement to equitable tolling under Fourth Circuit Title VII precedent, a plaintiff-employee must “show that the defendant attempted to mislead him and t…
  • Fullard v. City of Raleigh, No. 2:23-cv-00049 (E.D.N.C. Jan. 22, 2024).
    Sys., Inc., 694 F.2d 963, 965-66 (4th Cir. 1982); Lawson v. Burlington Indus., Inc., 683 F.2d 862, 864 (4th Cir. 1982). .
  • Sullivan v. The Univ. of North Carolina Health Care Sys., No. 1:22-cv-00847 (M.D.N.C. Sept. 8, 2023).
    Equitable Tolling or Equitable Estoppel is Not Applicable3 “Equitable tolling applies where the defendant has wrongfully deceived or misled the plaintiff in order to conceal the existence of a cause of action.” English v. Pabst Brewing Co.…
  • Donald v. Novant Health, Inc., No. 5:22-cv-00363, 2023 WL 5672832 (E.D.N.C. Sept. 1, 2023).
    Sys., Inc., 694 F.2d 963, 965-66 (4th Cir. 1982); Lawson v. Burlington Indus., Inc., 683 F.2d 862, 864 (4th Cir. 1982).
  • Baker v. The Boeing Co. Inc, No. 2:18-cv-02574 (D.S.C. May 19, 2021).
    Mar. 23, 2015) (citing Lawson v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir. 1982); Coke v. General Adjustment Bureau, Inc., 640 F.2d 584, 595 (5th Cir. 1981)).
  • Brown v. Unites States of Am., No. 2:21-cv-00069 (E.D. Va. May 10, 2021).
    Moreover, to invoke the doctrine, the claimant must show that the “defendant attempted 12 to mislead him and that the plaintiff reasonably relied on the misrepresentation by neglecting to file a timely charge.” See English v. Pabst Brewing…
  • Zell v. Donley, 757 F. Supp. 2d 540 (D. Md. 2010).published
    In order to apply the doctrine of equitable tolling, the plaintiff must “show that the defendant attempted to mislead him and that the plaintiff reasonably relied on the misrepresentation by neglecting to file a timely charge.” Id. (citing…
  • DiPaulo v. Potter, 733 F. Supp. 2d 666 (M.D.N.C. 2010).published
    Lawson v. Burlington Indus., Inc., 683 F.2d 862, 864 (4th Cir.1982).
Show 20 more citing cases
  • Lane v. Lucent Tech., Inc., 388 F. Supp. 2d 590 (M.D.N.C. 2005).published
    “Equitable tolling applies where the defendant has wrongfully deceived or misled the plaintiff in order to conceal the existence of a cause of action.” English v. Pabst Brewing Co., 828 F.2d 1047, 1049 (4th Cir.1987) (citing Lawson v. Burl…
  • Kinson v. United States, 322 F. Supp. 2d 684 (E.D. Va. 2004).published
    Moreover, to invoke the doctrine, the claimant must show that the “defendant attempted to mislead him and that the plaintiff reasonably relied on the misrepresentation by neglecting to file a timely charge.” See English v. Pabst Brewing Co…
  • Chappell v. Sch. Bd. of the City of Virginia Beach, 12 F. Supp. 2d 509 (E.D. Va. 1998).published
    “Equitable tolling applies when the defendant attempts to mislead or deceive the plaintiff in order to conceal the existence of a cause of action.” Hinton, 1991 WL 325642 , *2, citing, Lawson v. Burlington Industries, 683 F.2d 862, 864 (4t…
  • Ryder v. Philip Morris, Inc., 946 F. Supp. 422 (E.D. Va. 1996).published
    And, Ryder’s “optimistic hopes” that the Union or the company would change its decision “falls short of demonstrating the reasonable reliance on defendant’s conduct or representations necessary to justify equitable tolling.” Lawson v. Burl…
  • William Peanick, Jr. v. Stanley Morris, Dir. of United States Marshals Serv. William S. Vaughn, United States Marshal, 96 F.3d 316 (8th Cir. 1996).published
    Corp., 838 F.2d 286, 288 (8th Cir.1988) (holding that attempts by supervisors to locate new position within company for plaintiff did not toll limitations period); Lawson v. Burlington Indus., Inc., 683 F.2d 862, 864 (4th Cir.) (holding th…
  • William Peanick v. Stanley Morris, No. 95-2594 (8th Cir. Sept. 19, 1996).published
    Corp., 838 F.2d 286, 288 (8th Cir. 1988) (holding that attempts by supervisors to locate new position within company for plaintiff did not toll limitations period); Lawson v. Burlington Indus., Inc., 683 F.2d 862, 864 (4th Cir.) (holding t…
  • D.P. Muth J.P. Muth v. United States, 1 F.3d 246 (4th Cir. 1993).published
    To invoke the doctrine, Mr. Muth must show that the “defendant attempted to mislead him and that the plaintiff reasonably relied on the misrepresentation by neglecting to file a timely charge.” Id.; Lawson v. Burlington Inds., 683 F.2d 862…
  • Allen v. Diebold, Inc., 807 F. Supp. 1308 (N.D. Ohio 1992).published
    Lawson v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir.1982), cert. denied, 459 U.S. 944 , 103 S.Ct. 257 , 74 L.Ed.2d 201 (1982).
  • Baker v. Bd. of Regents of State of Kan., 768 F. Supp. 1436 (D. Kan. 1991).published
    Lawson v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir.) cert. denied, 459 U.S. 944 , 103 S.Ct. 257 , 74 L.Ed.2d 201 (1981); LaBeach v. Nestle Co., Inc., 658 F.Supp. 676, 686 (S.D.N.Y.1987) (quoting Miller, supra, 755 F.2d at 24…
  • Lawrence John Ramsdell v. Am. Stand., Inc., 849 F.2d 606 (4th Cir. 1988).unpublished
    Id. at 520 (citing Lawson v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir.1982), cert. denied, 459 U.S. 944 (1982)).
  • John E. Sinclair v. Prudential-Bache Sec., Inc., 831 F.2d 291 (4th Cir. 1987).unpublished
    See Price, 694 F.2d at 965 ; Lawson v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir.), cert. denied 459 U.S. 944 (1982). 19 Sinclair suggests that the 180-day filing period should be tolled because an EEOC employee told him in D…
  • Santos v. Rush-Presbyterian-St. Luke's Med. Ctr., 641 F. Supp. 353 (N.D. Ill. 1986).published
    While some courts focus the inquiry solely on whether the particular acts complained of constitute a “completed act at the time it occurred,” Lawson v. Burlington Indus *358 tries, Inc., 683 F.2d 862, 864 (4th Cir.), cert. denied 459 U.S.…
  • N. Brown Felty, Appellant, v. Graves-humphreys Co., Appellee, 785 F.2d 516 (4th Cir. 1986).published 2 cites
    Lawson v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir.), cert. denied, 459 U.S. 944 , 103 S.Ct. 257 , 74 L.Ed.2d 201 (1982).
  • Brudne v. Amalgamated Trust & Sav. Bank, 627 F. Supp. 458 (N.D. Ill. 1986).published
    Lawson v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir.), cert. denied, 459 U.S. 944 , 103 S.Ct. 257 , 74 L.Ed.2d 201 (1982). 13 .
  • Soble v. Univ. of Maryland, 572 F. Supp. 1509 (D. Md. 1983).published
    Co., 678 F.2d 992, 1006 (11th Cir.1982); Lawson v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir.1982); Baruah, 536 F.Supp. at 362 .
  • Rasimas v. Michigan Dep't of Mental Health, 714 F.2d 614 (6th Cir. 1983).published
    Since “equitable tolling” requires reasonable reliance upon defendant’s conduct or representations, Lawson v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir. 1982), cert. denied,- U.S. -, 103 S.Ct. 257 , 74 L.Ed.2d 201 (1982), it…
  • 32 Fair empl.prac.cas. (Bna) 688, 32 Empl. Prac. Dec. P 33,758 David L. Rasimas, Cross-Appellee v. Michigan Dep't of Mental Health, Cross-Appellant, 714 F.2d 614 (6th Cir. 1983).published
    Since "equitable tolling" requires reasonable reliance upon defendant's conduct or representations, Lawson v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir.1982), cert. denied, --- U.S. ----, 103 S.Ct. 257 , 74 L.Ed.2d 201 (1982)…
  • Banks v. Teletype Corp., 563 F. Supp. 1358 (E.D. Ark. 1983).published
    See, e.g., Hrzenak v. White-Westinghouse Appliance Co., 682 F.2d 714, 718 (8th Cir.1981); Lawson v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir.1982), Cottrell v. Newspaper Agency Corporation, 590 F.2d 836 (10th Cir.1979), Wilk…
  • Shultz v. Dempster Sys., Inc., 561 F. Supp. 1230 (E.D. Tenn. 1983).published
    Plaintiff did not reapply for a job with defendant within the limitations period; plaintiff applied to Carrier Corporation, defendant’s predecessor in interest, but these were totally separate business entities at that time. “[A]n employer…
  • Moret v. Geren, 494 F. Supp. 2d 329 (D. Md. 2007).published
    See Lawson v. Burlington Indus., 683 F.2d 862, 864 (4th Cir.1982); Cerbone v. Int’l Ladies’ Garment Workers’ Union, 768 F.2d 45 , 48 (2d Cir.1985); Meyer v. Riegel Prod.
At page 863 holding that claim of discriminatory failure to rehire was barred for failure to exhaust because the administrative charge alleged illegal layoff only19 citing cases5 citing courts put it this way
  • Dieng v. Orkin LLC, No. 8:21-cv-00482 (D. Md. Feb. 4, 2025).
    (failure-to-hire claim dismissed because EEOC charge only alleged discriminatory layoff)
  • Sewell v. Strayer Univ., 956 F. Supp. 2d 658 (D. Md. 2013).published
    (where a plaintiff had alleged only a discriminatory layoff claim in his EEOC complaint, the court lacked jurisdiction over his discriminatory failure-to-rehire claim)
  • Bonds v. Michael Leavitt, 647 F. Supp. 2d 541 (D. Md. 2009).published
    (holding that claim of discriminatory failure to rehire was barred for failure to exhaust because the administrative charge alleged illegal layoff only)
  • Mathen Chacko v. Patuxent Inst., 429 F.3d 505 (4th Cir. 2005).published 2 cites
    (claim of discriminatory failure to rehire barred because charge only alleged illegal layoff)
  • Chacko v. Patuxent Inst., No. 04-1577 (4th Cir. Nov. 29, 2005).published 2 cites
    (claim of discrimi- natory failure to rehire barred because charge only alleged illegal lay- off)
  • Legard v. England, 240 F. Supp. 2d 538 (E.D. Va. 2002).published
    (affirming lower court’s determination of untimeliness because charge of illegal layoff does not encompass allegations of illegal failure to rehire)
  • Ihekwu v. City of Durham, NC, 129 F. Supp. 2d 870 (M.D.N.C. 2000).published
    Given the language of the regulation, the Fourth Circuit has instructed that “[o]nly those discrimination claims stated in the initial charge, those reasonably related to the original complaint, and those developed by reasonable investigat…
  • Emmert v. Runyon, No. 98-2027, 1999 WL 253632 (4th Cir. Apr. 29, 1999).unpublished
    Events that simply constitute the inevitable consequences of an earlier, allegedly discriminatory decision do not suffice to create a continuing violation, see Ricks, 449 U.S. at 257-58 , nor do "separate and completed events," Lawson v. B…
  • Talbot v. Mobil Corp., 46 F. Supp. 2d 468 (E.D. Va. 1999).published
    Inc., 683 F.2d 862, 863-64 (4th Cir. 1982) (“It is well established that a layoff from employment constitutes a completed act at the time it occurred, and that an employer’s failure to recall or rehire does not constitute a continuing viol…
  • Sloane v. Shalala, No. 97-2295 (4th Cir. Jan. 21, 1999).unpublished
    Events that simply constitute the inevitable consequences of an earlier, allegedly discriminatory decision do not suffice to create a continuing violation, see Delaware State College v. Ricks, 449 U.S. 250, 257-58 (1980), nor do "separate…
Show 9 more citing cases
  • Johnson & Johnson Med., Inc. v. Sanchez, 924 S.W.2d 925 (Tex. 1996).published 2 cites
    Dist., 894 F.2d 257, 260 (7th Cir.1990); Lawson v. Burlington Indus., Inc., 683 F.2d 862, 863-64 (4th Cir.), cert. denied, 459 U.S. 944 , 103 S.Ct. 257 , 74 L.Ed.2d 201 (1982).
  • Shaver v. Corry Hiebert Corp., 936 F. Supp. 313 (W.D. Pa. 1996).published
    Lawson v. Burlington Industries, 683 F.2d 862, 863-64 (4th Cir.) cert. denied, 459.
  • Chester v. Am. Tel. & Tel. Co., 907 F. Supp. 982 (N.D. Tex. 1994).published
    See Oxman v. WLS-TV, 12 F.3d 652, 660-61 (7th Cir.1993); Lawson v. Burlington Indus., Inc., 683 F.2d 862, 863 (4th Cir.), cert. denied, 459.
  • Alphonse Boge, Jr., Appellant, v. Ringland-johnson-crowley Co., Appellee, 976 F.2d 448 (8th Cir. 1992).published
    Eubanks, 712 F.Supp. at 149 , quoting Lawson v. Burlington Indus., Inc., 683 F.2d 862, 863-64 (4th Cir.), cert. denied, 459 U.S. 944 , 103 S.Ct. 257 , 74 L.Ed.2d 201 (1982).
  • Conroy v. Boston Edison Co., 758 F. Supp. 54 (D. Mass. 1991).published
    See Cobb v. Stringer, 850 F.2d 356, 359 (8th Cir.1988) (distinguishing plaintiffs claim for failure to hire from claim for discriminatory demotion); Lawson v. Burlington Indus., Inc., 683 F.2d 862, 863-64 (4th Cir.) (illegal layoff does no…
  • Welty v. S.F. & G., Inc., 605 F. Supp. 1548 (N.D. Ala. 1985).published 2 cites
    The point is illustrated by Lawson v. Burlington Industries, Inc., 683 F.2d 862, 863 (4th Cir.), cert. denied, 459 U.S. 944 , 103 S.Ct. 257 , 74 L.Ed.2d 201 (1982), where the plaintiff testified that he delayed filing his EEOC charge “beca…
  • Lassiter v. LabCorp Occupational Testing Servs., Inc., 337 F. Supp. 2d 746 (M.D.N.C. 2004).published
    (affirming lower court’s dismissal of claims not included in Plaintiffs original EEOC charge as untimely)
  • Lenhart v. Gen. Elec. Co., 140 F. Supp. 2d 582 (W.D.N.C. 2001).published
    (plaintiffs optimistic hope that he would be rehired during 270 day recall period does not toll the statute of limitations for filing an EEOC claim on his layoff)
  • Grabosky v. Tammac Corp., 127 F. Supp. 2d 610 (M.D. Penn. 2000).published
    See Lawson v. Burlington Industries, Inc., 683 F.2d 862, 863-64 (4th Cir.), cert. denied, 459 U.S. 944 , 103 S.Ct. 257 , 74 L.Ed.2d 201 (1982); Nogar v. Henry F. Teichmann, Inc., 640 F.Supp. 365, 368 (W.D.Pa.1985), aff'd mem., 800 F.2d 113…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
29 Fair empl.prac.cas. 1224, 29 Empl. Prac. Dec. P 32,934 Berlin L. Lawson
v.
Burlington Industries, Inc.
81-2192.
Court of Appeals for the Fourth Circuit.
Jul 22, 1982.
Published opinion
683 F.2d 862
1982 U.S. App. LEXIS 17211
Jack E. Ruby, Winston Salem, N. C., for appellant., William P. H. Cary, Greensboro, N. C. (Thornton H. Brooks, Kathrine A. McLendon, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N. C., on brief), for appellee.
Butzner, Kiser, Sprouse.
Cited by 89 opinions  |  Published
SPROUSE, Circuit Judge:

Berlin L. Lawson brought this suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq., alleging that Burlington Industries, Inc. unlawfully terminated his employment and refused to transfer him to an acceptable position be[*863] cause of his age. The district court granted summary judgment for the defendant on the grounds that Lawson failed to file his discrimination charge within the statutory time period, [1] and that no equitable justifications for tolling the statutory period existed. We affirm.

Lawson was first hired by Burlington in 1959, and in 1979 he was working at the transportation facility of Klopman Mills, a division of Burlington. On April 1,1979, all employees were informed that the facility was closing, that Burlington would attempt to find new positions for employees displaced by the closing, and that those employees not placed by June 30, 1979 would be terminated. Employees terminated because of the facility closing would have their benefits and company service credit restored if they were rehired within 270 days of their termination. Lawson’s final day of work was June 30, 1979, although he was given severance pay through December, 1979.

Shortly before his termination Lawson, then age 44, complained to Burlington officials that a younger co-worker, age 38, was being transferred to an available position elsewhere in the company while he was being laid off. Lawson had more service with the company and believed he was better qualified, so he concluded that age discrimination was the motive behind the decision to transfer the younger worker rather than himself.

Lawson closed his retirement and profit-sharing accounts with Burlington when he was terminated; he received a lump-sum distribution of cash and stock, plus his severance pay, on July 19, 1979. Burlington offered Lawson a clerical job in another city on or about October 1, 1979, but he refused the position because of the inadequate salary. He was then told by a company official that “maybe we’ll come up with something else ... if we do, we’ll be in touch.”

Lawson filed his age discrimination charge with the EEOC on February 5, 1980. He testified that he had considered filing the charge earlier, but had refrained because he hoped to be recalled. The EEOC charge dealt only with Burlington’s decision to lay off Lawson while transferring the younger employee. Lawson filed suit in district court in June, 1980, claiming that age discrimination was the motive behind both the layoff and the October offer of a clerical position, which Lawson construed as a refusal to rehire him.

Burlington moved to dismiss the complaint for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1), or alternatively for summary judgment, Fed.R.Civ.P. 56, on the grounds that (1) Lawson had not filed his EEOC charge within 180 days after the alleged unlawful practice occurred and (2) his complaint was impermissibly broad as it raised issues not included in the EEOC charge. Following oral argument by both parties the district court granted summary judgment for the defendants, ruling that “[wjith respect to the layoff on June 30, 1979, his charge of discrimination was filed more than 180 days after such layoff, and with respect to the other acts of discrimination alleged in the complaint, no charge of discrimination had been filed, and more than 180 days have now expired. Plaintiff has not presented a justification for this failure, which is sufficient to entitle him to equitable relief.... ”

Lawson first contends that the district court erred in dismissing from his complaint those allegations which were not included in his February 5, 1980 EEOC charge. We disagree. Illegal layoff — the charge which appeared in the EEOC notice — does not encompass an allegation of illegal failure to rehire. It is well established that a layoff from employment constitutes a completed act at the time it oc[*864] curred, Griffin v. Pacific Maritime Assoc., 478 F.2d 1118 (9th Cir.), cert. denied, 414 U.S. 859, 94 S.Ct. 69, 38 L.Ed.2d 109 (1973), and that an employer’s failure to recall or rehire does not constitute a continuing violation of the ADEA. Each alleged discriminatory recall constitutes a separate and completed act by the defendant, which triggers a new 180 day period. Morris v. Frank Ix & Sons, Inc., 486 F.Supp. 728 (W.D.Va.1980). As no EEOC charge relating to recall was filed within 180 days of October 1, 1979, the district court’s determination that Lawson failed to file within the statutory time period was correct.

Lawson next contends that the grant of summary judgment was improper because there exists a genuine issue of fact with respect to whether equitable tolling of the 180-day requirement occurred. [2] Lawson had an opportunity at the hearing on Burlington’s motion for summary judgment to present those facts which he asserts should equitably toll the 180-day requirement. After hearing the evidence, the district court determined that no genuine issue of fact with respect to equitable tolling existed and that Burlington was entitled to judgment as a matter of law. We agree. Lawson maintains that equitable tolling is justified because his filing of EEOC charges was delayed by his expectation that he would be recalled to work. That expectation arose from three factors: (1) his 6-month severance pay from Burlington, (2) his right to full reinstatement within 270 days of layoff and (3) the offer of a position to him in October, 1979 and Burlington’s representation that he would be considered for future positions.

The thrust of Lawson’s contention is that the filing period should be equitably tolled because he believed Burlington would eventually find a position for him. However, the facts are uncontroverted that Burlington in no way misled Lawson or misrepresented his prospects for future employment. Lawson’s optimistic hope that he would be recalled within the 270-day period falls short of demonstrating the “reasonable reliance on the defendant’s conduct or representations” necessary to justify equitable tolling in this situation. See Naton v. Bank of California, 649 F.2d 691 (9th Cir. 1981); Wagner v. Sperry Univac, 458 F.Supp. 505 (E.D.Pa.1978), aff’d mem. 624 F.2d 1092 (3d Cir. 1980).

The grant of summary judgment for the defendant by the district court is, therefore, affirmed.

AFFIRMED.

1

. 29 U.S.C. § 626(d)(1) provides:

(d) No civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the [Equal Employment Opportunity Commission], Such a charge shall be filed—
(1) within 180 days after the alleged unlawful practice occurred....
2

. Cf. Zipes v. Transworld Airlines, - U.S. -, 102 S.Ct. 1127, 71 L.Ed.2d 234 (1982) (180-day time limit for filing charges under Title VII of the Civil Rights Act of 1964 is not a jurisdictional prerequisite to suit in a district court).