At page 93 Analyzing timeliness of discrimination charge filing14 citing casesmand, the parties conducted discovery on this question. In response to Eaton’s interrogatories, Mrs. Fox conceded that she had not filed an EEOC charge until…
- Hananiya v. City of Memphis, 356 F. Supp. 2d 871 (W.D. Tenn. 2005).publishedId. (citation omitted); see also Miller v. Marsh, 766 F.2d 490 (11th Cir.1985); Fox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir.1982).
- Carl ROSE v. Elizabeth DOLE, 945 F.2d 1331 (6th Cir. 1991).publishedNext, Rose cites Fox v. Eaton, 689 F.2d 91, 93 (6th Cir.1982), for the proposition that the limitations period should be tolled if a person is “prevented by circumstances beyond his control” from submitting a discrimination charge until th…
- Equal Emp. Opportunity Comm'n v. Dillard Dep't Stores, Inc., 768 F. Supp. 1247 (W.D. Tenn. 1991).publishedSee also Miller v. Marsh, 766 F.2d 490 (11th Cir.1985); Fox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir.1982).
- Chavez Colon v. Chairman of the Bd. of Directors of Fed. Deposit Ins., 723 F. Supp. 842 (D.P.R. 1989).publishedSee also Nelson v. United States Steel Corp., 709 F.2d 675 , 677 n. 3 (11th Cir.1983); Fox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir.1982); Cooper v. Bell, 628 F.2d 1208 , 1212-1213 n. 10 (9th Cir.1980).
- Smith v. Kaldor, 869 F.2d 999 (6th Cir. 1989).publishedFox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir.1982), distinguishing Leake v. University of Cincinnati, noted with approval the district judge’s apt observation that the plaintiff did not contend "that her delay in instituting EEOC proceedin…
- 50 Fair empl.prac.cas. 393 v. George Kaldor, 869 F.2d 999 (6th Cir. 1989).publishedSec. 1613.281 7 Fox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir.1982), distinguishing Leake v. University of Cincinnati, noted with approval the district judge's apt observation that the plaintiff did not contend "that her delay in institutin…
- Suarez v. Chairman of the Bd. of Directors of the Fed. Deposit Ins., 692 F. Supp. 43 (D.P.R. 1988).publishedSee also Nelson v. United States Steel Corp., 709 F.2d 675 , 677 n. 3 (11th Cir.1983); Fox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir.1982); Wilkerson v. Siegfried Insurance Agency, Inc., 683 F.2d 344, 345 (10th Cir.1982); Stoller v. Marsh,…
- Marie Cully v. Lutheran Med. Ctr., 817 F.2d 756 (6th Cir. 1987).unpublishedBaldwin County Welcome Center v. Brown, 466 U.S. 147, 151 (1984) (per curiam); Fox v. Eaton Corporation, 689 F.2d 91, 93 (6th Cir. 1982) (per curiam); Leake v. University of Cincinnati, 605 F.2d 255, 259 (6th Cir. 1979).
- Mahlon McLaughlin v. Excel Wire & Cable, Inc., 787 F.2d 591 (6th Cir. 1986).unpublishedThe time period for filing a charge with the E.E.O.C. 'd[oes] not begin to run . . . until the facts that would support a charge of discrimination . . . were apparent or should have been apparent to a person with a reasonably prudent regar…
- Robert WOLFOLK v. Victor M. RIVERA, 729 F.2d 1114 (7th Cir. 1984).publishedSee also Nelson v. United States Steel Corp., 709 F.2d 675 , 677 n. 3 (11th Cir.1983); Fox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir.1982); Wilkerson v. Siegfried Insurance Agency, Inc., 683 F.2d 344, 345 (10th Cir.1982); Stoller v. Marsh,…
Show 4 more citing cases
- Black v. Brown Univ., 555 F. Supp. 880 (D.R.I. 1983).publishedWhitehead v. Reliance Insurance Co., 632 F.2d 452, 459 (5th Cir.1980); Zambuto v. American Telephone & Telegraph Co., 544 F.2d 1333, 1335 (5th Cir.1977); see Fox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir.1982); Larson v. American Wheel and…
- Shorter v. Memphis Light, Gas & Water Co., 252 F. Supp. 2d 611 (W.D. Tenn. 2003).publishedId. (citation omitted); see also Miller v. Marsh, 766 F.2d 490 (11th Cir.1985); Fox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir.1982).
- Minnis v. McDonnell Douglas Technical Servs. Co., 162 F. Supp. 2d 718 (E.D. Mich. 2001).publishedSee also, Fox v. Eaton Corporation, 689 F.2d 91, 93 (6th Cir.1982); Leake v. University of Cincinnati, 605 F.2d 255, 259 (6th Cir.1979).
- Allen v. Diebold, Inc., 807 F. Supp. 1308 (N.D. Ohio 1992).publishedThis being so, we are called upon to determine whether plaintiffs, “despite all due diligence, were unable to obtain vital information bearing on the existence of [their] claim.” Or, put another way, we must determine when the “facts that…
Other citing cases
- Boddy v. Dean, 821 F.2d 346 (6th Cir. 1987).published
- 45 Fair empl.prac.cas. 586 v. Charles Dean, 821 F.2d 346 (6th Cir. 1987).published
v.
Eaton Corporation, Successor to Eaton, Yale and Towne, Inc.
Olga J. Fox appeals the dismissal of her Title VII employment discrimination claim.
Mrs. Fox was employed by the Eaton Corporation from April 23, 1942 until July 21, 1972, when a plant closing eliminated her job. In the early 1960’s, Mrs. Fox had two children. In accordance with company policy, she took maternity leaves during the last four months of each pregnancy. The leaves did not affect Mrs. Fox’s job seniority; they did, however, result in the loss of “retirement credits” for the time she was off work. Eaton’s failure to include maternity leaves in its computation of her eligibility for early retirement benefits is the basis for Mrs. Fox’s sex discrimination claim.
Shortly after her 1972 discharge, Mrs. Fox sued Eaton in Ohio state court, alleging that Eaton’s action breached the collective bargaining agreement then in force between the company and its employees. While that action was pending, Mrs. Fox secured permission to amend her complaint by adding a claim predicated on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. After a trial on the merits, the state court entered judgment in favor of Eaton. On appeal, however, the Ohio Supreme Court found that state courts lack jurisdiction over Title VII claims and directed dismissal of Mrs. Fox’s action. Fox v. Eaton Corp., 48 Ohio St.2d 236, 358 N.E.2d 536 (1967).
Mrs. Fox then filed the present suit in Federal District Court. The District Judge dismissed the complaint because Mrs. Fox had not complied with 42 U.S.C. § 2000e-5(f)(1), which directs Title VII plaintiffs to institute an action within ninety days of receiving a right-to-sue letter from the EEOC. This court reversed and remanded, concluding that Mrs. Fox’s state court suit tolled the ninety-day limitations period. Fox v. Eaton Corp., 615 F.2d 716 (6th Cir. 1980).
In the earlier proceedings, the record did not indicate whether Mrs. Fox had satisfied 42 U.S.C. § 2000e-5(e), which requires claimants to file discrimination charges with the EEOC within one hundred and eighty days of the occurrence of the alleged unlawful employment practice. [1] On re[*93] mand, the parties conducted discovery on this question. In response to Eaton’s interrogatories, Mrs. Fox conceded that she had not filed an EEOC charge until November 8, 1973, some four hundred and seventy days after her last date of employment with Eaton.
Eaton moved to dismiss the complaint. The District Judge treated the motion as one for summary judgment under Rule 56, Federal Rules of Civil Procedure, and entered summary judgment in favor of Eaton. The District Court predicated this disposition on two grounds: first, that Mrs. Fox’s filing of charges with the EOCC was untimely under any possible interpretation of the facts; and second, that Mrs. Fox’s claim depended on a time-barred, pre-Act employment practice which does not qualify as a “present violation” of the Act. See United Air Lines, Inc. v. Evans, 431 U.S. 553, 97 S.Ct. 1885, 52 L.Ed.2d 571 (1977). We agree and affirm.
Mrs. Fox correctly cites this court’s decision in Leake v. University of Cincinnati, 605 F.2d 255 (6th Cir. 1979) for the proposition that “equitable principles” may, under appropriate circumstances, warrant the tolling of the 42 U.S.C. § 2000e-5(e) limitations period. She does not, however, allege any circumstances which render that proposition apposite to her particular case. As the District Judge aptly observed in his thorough and well-reasoned memorandum opinion of March 2, 1981:
Plaintiff does not contend, for example, that her delay in instituting EEOC proceedings was in any way attributable to misleading or deceptive conduct undertaken by either the instant defendant, see Fox v. Eaton Corp., supra at 718; Leake v. University of Cincinnati, supra; Smith v. American President Lines, Ltd., 571 F.2d 102, 109 (2d Cir. 1978), or the EEOC itself. See Page v. U.S. Industries, Inc., 556 F.2d 346 (5th Cir. 1977), cert. denied, 434 U.S. 1045, 98 S.Ct. 890 [54 L.Ed.2d 796] (1978); see also Chappell v. Emco Machine Works Co., 601 F.2d 1295 (5th Cir. 1979) (Wisdom, J., dissenting). Nor does the plaintiff allege, in her Amended Complaint or otherwise, that she was unaware of the basic facts supporting her current charge of discrimination at the time her employment with the defendant was terminated. See and compare Hart v. J.T. Baker Chemical Corp., 598 F.2d 829 (3d Cir. 1979); Reeb v. Economic Opportunity Atlanta, Inc., 516 F.2d 924 (5th Cir. 1975).
Our review of the record in this case reveals nothing to explain, much less excuse, Mrs. Fox’s lengthy delay in filing charges with the EEOC. Unlike the ninety-day limitations period of 42 U.S.C. § 2000e-5(f)(1), the one hundred eighty day period of 42 U.S.C. § 2000e-5(e) is unaffected by Mrs. Fox’s attempt to proceed in state rather than federal court. The timely filing of charges with the EEOC is a prerequisite to the commencement of an action in any court; it is not excused by a plaintiff’s mistaken choice of forum.
In enacting Title VII, Congress imposed specific limitations periods within which potential plaintiffs are required to proceed. “The limitations periods, while guaranteeing the protection of the civil rights laws to those who promptly assert their rights, also protect employers from the burden of defending claims arising from employment decisions that are long past.” Delaware State College v. Ricks, 449 U.S. 250, at 257-258, 101 S.Ct. at 503-504, 66 L.Ed.2d 431 at 439 (1980); Johnson v. Railway Ex [*94] press Agency, Inc., 421 U.S. 454, 463-64, 95 S.Ct. 1716, 1721-1722, 44 L.Ed.2d 295 (1975). It is incumbent upon us to enforce this Congressional policy.
The judgment below is affirmed.
. 42 U.S.C. § 2000e-5(e) provides, in pertinent part:
[*93] A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment practice with respect to which the per son aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, such charge shall be filed by or on behalf of tiie person aggrieved within three hundred days after the alleged unlawful employment practice occurred . ..