Mark Jordan v. City of Montgomery, 283 F. App'x 766 (11th Cir. 2008). · Go Syfert
Mark Jordan v. City of Montgomery, 283 F. App'x 766 (11th Cir. 2008). Cases Citing This Book View Copy Cite
“in a non-deferral state, such as alabama, a plaintiff must file an employment discrimination charge with the eeoc within 180 days after the date of the alleged discrimination.”
26 citation events (26 in the last 25 years) across 5 distinct courts.
Strongest positive: Wingfield v. City of Dothan (CONSENT) (almd, 2024-03-30)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 17 distinct citers.
discussed Cited as authority (verbatim quote) Wingfield v. City of Dothan (CONSENT)
M.D. Ala. · 2024 · quote attribution · 1 verbatim quote · confidence high
in a non-deferral state, such as alabama, a plaintiff must file an employment discrimination charge with the eeoc within 180 days after the date of the alleged discrimination.
discussed Cited as authority (verbatim quote) Mathews v. Elmore County Commission (CONSENT)
M.D. Ala. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
failure to file a timely charge with the eeoc results in a bar of the claims contained in the untimely charge.
cited Cited as authority (rule) Steele v. Attalla, City of
N.D. Ala. · 2023 · confidence medium
Jordan v. City of Montgomery, 283 F. App’x 766, 767 (11th Cir. 2008).
discussed Cited as authority (rule) Kennedy v. South University
S.D. Ga. · 2022 · confidence medium
See Horsley, 564 F. App’x at 1009 (“While it is true that Horsley was actively pursuing numerous appeals during the intervening period between the time she suffered the injury and the time she filed her complaint, she has alleged no reason that she could not have concurrently pursued a federal court action.”); Jordan v. City of Montgomery, 283 F. App’x 766, 768 (11th Cir. 2008) (finding that city employee’s appeal through a personnel board did not toll EEOC charge-filing deadline); Milner v. City of Montgomery, No. 2:19cv799-MHT, 2021 WL 218728 , at *3 (M.D.
discussed Cited as authority (rule) Jackson v. Marion Military Institute (MMI)
S.D. Ala. · 2020 · confidence medium
Failure to file a timely charge with the EEOC results in a bar of the claims contained in the untimely charge.” Jordan v. City of Montgomery, 283 F. App'x 766, 767 (11th Cir. 2008) (per curiam) (unpublished) (citations omitted). [D]iscrete discriminatory acts are not actionable if time barred, even when they are related to acts alleged in timely filed charges.
cited Cited as authority (rule) Batley v. Bishop State Community College
S.D. Ala. · 2020 · confidence medium
Jordan v. City of Montgomery, 283 F. App’x 766, 767 (11th Cir. 2008).
cited Cited as authority (rule) Edwards v. Compass Bank
N.D. Ala. · 2019 · confidence medium
Jordan v. City of Montgomery, 283 F. App’x 766, 767 (11th Cir. 2008). “[D]iscrete discriminatory acts are not actionable if time barred.” Id. (quoting National R.R.
discussed Cited as authority (rule) PENNINGTON v. PRUITT HEALTH INC
M.D. Ga. · 2019 · confidence medium
“Failure to file a 8 timely charge with the EEOC results in a bar of the claims contained in the untimely charge.” Jordan v. City of Montgomery, 283 F. App’x 766, 767 (11th Cir. 2008) (citing Alexander v. Fulton Cty., Ga., 207 F.3d 1303 , 1332 (11th Cir. 2000)).
cited Cited as authority (rule) Reddick v. Republic Parking System
N.D. Ala. · 2019 · confidence medium
(Doc. 40 at 1) (quoting Jordan v. City of Montgomery, 283 F. App’x 766, 767 (11th Cir. 2008)) (quoting in turn Alexander v. Fulton County, Ga., 207 F.3d 1303, 1332 (11th Cir. 2000)).
cited Cited as authority (rule) Thomas v. Austal, U.S.A., L.L.C.
S.D. Ala. · 2011 · confidence medium
See also Sheffield v. United Parcel Service, Inc., 403 Fed.Appx. 452, 454 (11th Cir.2010) (unpublished); Jordan v. City of Montgomery, 283 Fed.Appx. 766, 767 (11th Cir.2008) (unpublished).
cited Cited as authority (rule) Johnson v. Austal, U.S.A., L.L.C.
S.D. Ala. · 2011 · confidence medium
See also Sheffield v. United Parcel Service, Inc., 403 FedAppx. 452, 453-54 (11th Cir.2010) (unpublished); Jordan v. City of Montgomery, 283 Fed.Appx. 766, 767 (11th Cir.2008) (unpublished).
cited Cited as authority (rule) Johnson v. AUSTAL, USA, LLC
S.D. Ala. · 2011 · confidence medium
See also Sheffield v. United Parcel Service, Inc., 403 Fed.Appx. 452 , *1307 453-54 (11th Cir.2010) (unpublished); Jordan v. City of Montgomery, 283 Fed.Appx. 766, 767 (11th Cir.2008) (unpublished).
cited Cited as authority (rule) Hedgeman v. Austal, U.S.A., L.L.C.
S.D. Ala. · 2011 · confidence medium
See also Sheffield v. United Parcel Service, Inc., 403 Fed.Appx. 452, 454 (11th Cir.2010) (unpublished); Jordan v. City of Montgomery, 283 Fed.Appx. 766, 767 (11th Cir.2008) (unpublished).
discussed Cited "see" Ajoloko v. Jamas Technology
N.D. Ala. · 2024 · signal: see · confidence high
Cir. 2010).7 To exhaust her administrative remedies, in a non-deferral state like Alabama, a plaintiff must “file a charge with the EEOC within 180 days of the alleged unlawful employment activity.” Freeman v. City of Riverdale, 330 F. App’x 863, 866 (11th Cir. 2009) (citing 42 U.S.C. § 2000e–5(e)(1); see Jordan v. City of Montgomery, 283 F. App’x 766, 767 (11th Cir. 2008); 42 U.S.C. § 12117 (a) (incorporating the procedural requirements of Title VII into the ADA); Jones v. Dillard’s, Inc., 331 F.3d 1259, 1263 (11th Cir. 2003) (citing 29 U.S.C. § 626 ) (explaining that ADEA clai…
discussed Cited "see" Equal Employment Opportunity Commission v. Army Sustainment, LLC
M.D. Ala. · 2023 · signal: see · confidence high
See Jordan v. City of Montgomery, 283 F. App’x 766, 767 (11th Cir. 2008) (citing Alexander v. Fulton Cnty., 207 F.3d 1303 , 1332 (11th Cir. 2000), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003)).
examined Cited "see" Milner v. The City of Montgomery, Alabama (3×) also: Cited "see, e.g."
M.D. Ala. · 2021 · signal: see · confidence high
See Jordan, 283 F. App’x at 768 .
discussed Cited "see, e.g." Patrick v. Alabama Department of Public Health (MAG+)
M.D. Ala. · 2022 · signal: see also · confidence medium
Res., 228 F. App’x 832 , 835 (11th Cir. 2007) (“Failure to file a timely charge with the EEOC results in a bar of the claims contained in the untimely charge.”) (citation omitted); See also Jordan v. City of Montgomery, 283 F. App’x 766, 767 (11th Cir. 2008).4 IV.
Mark JORDAN, Plaintiff-Appellant,
v.
CITY OF MONTGOMERY, Defendant-Appellee
07-15046.
Court of Appeals for the Eleventh Circuit.
Jun 26, 2008.
283 F. App'x 766
Juraldine Battle-Hodge, Law Offices of Juraldine Battle-Hodge, Montgomery, AL, for Plaintiff-Appellant., Kimberly Owen Fehl, City of Montgomery Legal Division, Montgomery, AL, for Defendant-Appellee.
Tjoflat, Black, Fay.
Cited by 17 opinions  |  Unpublished
[*767] PER CURIAM:

Mark Jordan appeals the district court’s grant of the City of Montgomery’s (“the City”) motion for summary judgment as to his complaint alleging unlawful retaliation, pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C.2000e-3. Jordan argues that, although he received notice that his termination had been recommended on May 10, 2005, Director of Fleet Management Terry Gaddis assured him that the recommendation was not yet effective because the City of Montgomery Personnel Department (“Personnel Board”) had the sole authority to terminate employees. As a result, Jordan contends that his termination from employment did not become final until after the Personnel Board upheld the Mayor of Montgomery’s decision to terminate him on appeal. Jordan notes that, based on the advice he received from Gaddis, he did not file a charge of discrimination with the Equal Opportunity Employment Commission (“EEOC”) until after his termination was approved by the Personnel Board, and argues that the advice effectively tolled the 180-day filing period. Accordingly, Jordan contends that, based on this evidence, a genuine issue of material fact exists concerning the timeliness of his EEOC charge.

For the reasons set forth more fully below, we affirm.

We review the district court’s ruling on summary judgment de novo. Rojas v. Florida, 285 F.3d 1339, 1341 (11th Cir. 2002). Summary judgment is proper under Fed.R.CivJP. 56(c) when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Celotex v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). To survive a motion for summary judgment, the nonmoving party must show that there is a genuine issue of fact for trial. Cotton v. Cracker Barrel Old Country Store, Inc., 434 F.3d 1227, 1231 (11th Cir.2006). We view “the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmoving party.” Battle v. Board of Regents for Ga., 468 F.3d 755, 759 (11th Cir.2006).

In order to file a claim for discrimination under Title VII, the plaintiff must first exhaust his administrative remedies, beginning with the filing of a charge of discrimination with the EEOC. Wilkerson v. Grinnell Corp., 270 F.3d 1314, 1317 (11th Cir.2001). In a non-deferral state, such as Alabama, a plaintiff must file an employment discrimination charge with the EEOC within 180 days after the date of the alleged discrimination. 29 C.F.R. § 1626.7(a), Hipp v. Liberty National Life Ins. Co., 252 F.3d 1208, 1214 n. 2, 1220 (11th Cir.2001). Failure to file a timely charge with the EEOC results in a bar of the claims contained in the untimely charge. Alexander v. Fulton County, Ga., 207 F.3d 1303, 1332 (11th Cir.2000). The plaintiff has the burden of establishing that he filed a timely charge of discrimination. See Jackson v. Seaboard Coast Line R.R. Co., 678 F.2d 992, 1010 (11th Cir.1982).

“[Djiscrete discriminatory acts are not actionable if time barred.” National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 113, 122 S.Ct. 2061, 2072, 153 L.Ed.2d 106 (2002). Termination of employment is a discrete adverse employment act. Id. at 114, 122 S.Ct. at 2073. The clock for the 180-day filing period starts when the discrete unlawful practice takes place. See Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. -,-, 127 S.Ct. 2162, 2169, 167 L.Ed.2d 982 (2007). In the case of termination from employment, the filing period “begins to run from a final decision to terminate the employee.” Wright v. [*768] AmSouth Bancorporation, 320 F.3d 1198, 1201 (11th Cir.2003) (quotation omitted). Accordingly, the limitations period commences on the date the employee receives unequivocal notice of termination. Id. (citation omitted). An employee’s pursuit of an internal appeal, “or some other method of collateral review of an employment decision, does not toll the running of the limitations period[].” Del. State College v. Ricks, 449 U.S. 250, 261, 101 S.Ct. 498, 506, 66 L.Ed.2d 431 (1980).

Here, Jordan’s EEOC charge was filed on December 20, 2005. Thus, in order to be considered timely, the alleged adverse employment action forming the basis of that charge must have occurred on or after June 23, 2005. The record indicates that Gaddis advised Jordan that he had recommended Jordan’s dismissal from employment on March 17, 2005. Jordan does not dispute that he received this notice. Additionally, Jordan does not dispute that the Mayor terminated his employment, effective May 10, 2005, or contest that the Mayor had the sole authority to appoint and terminate city employees. The record further indicates that Jordan received notice of his termination before June 23, 2005, as evidenced by his appeal to the Personnel Board, which was heard on June 20, 2005. Because Jordan’s appeal to the Personnel Board did not serve to toll the 180-day limitations period, and the evidence in the record indicates that Jordan received unequivocal notice of his termination before June 23, 2003, his EEOC charge was untimely. See Ricks, 449 U.S. at 261, 101 S.Ct. at 506; Wright, 320 F.3d at 1201. Accordingly, because Jordan failed to file a timely charge of discrimination with the EEOC, his claims under Title VII are barred, and the district court did not err by granting the City’s motion for summary judgment.

In light of the foregoing, the district court’s grant of summary judgment in favor of the City is

AFFIRMED.