Olga J. FOX, Plaintiff-Appellant, v. EATON Corp., Successor to Eaton, Yale & Towne, Inc., Defendant-Appellee, 689 F.2d 91 (6th Cir. 1982). · Go Syfert
Olga J. FOX, Plaintiff-Appellant, v. EATON Corp., Successor to Eaton, Yale & Towne, Inc., Defendant-Appellee, 689 F.2d 91 (6th Cir. 1982). Cases Citing This Book View Copy Cite
20 citation events (7 in the last 25 years) across 7 distinct courts.
Strongest positive: Hananiya v. City of Memphis (tnwd, 2005-02-03)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 16 distinct citers.
cited Cited as authority (rule) Hananiya v. City of Memphis
W.D. Tenn. · 2005 · confidence medium
Id. (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).
cited Cited as authority (rule) Shorter v. Memphis Light, Gas & Water Co.
W.D. Tenn. · 2003 · confidence medium
Id. (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).
discussed Cited as authority (rule) Carl ROSE, Petitioner, v. Elizabeth DOLE, Secretary of Labor, Respondent
6th Cir. · 1991 · confidence medium
Next, 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 the time when “facts that would support a charge of discrimination [would have been] apparent to a person with reasonably prudent regard for his rights similarly situated to the plaintiff.” It is clear simply by reference to the language just quoted that Rose does not fall into the same category as the plaintiff referenced in Fox .
cited Cited as authority (rule) Equal Employment Opportunity Commission v. Dillard Department Stores, Inc.
W.D. Tenn. · 1991 · confidence medium
See also Miller v. Marsh, 766 F.2d 490 (11th Cir.1985); Fox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir.1982).
discussed Cited as authority (rule) Chavez Colon v. Chairman of the Board of Directors of Federal Deposit Insurance
D.P.R. · 1989 · confidence medium
See 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).
discussed Cited as authority (rule) Smith v. Kaldor
6th Cir. · 1989 · confidence medium
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 instituting EEOC proceedings was in any way attributable to misleading or deceptive conduct undertaken by either the instant defendant or the EEOC itself.” (Citations omitted). .
discussed Cited as authority (rule) ca6 1989
6th Cir. · 1989 · confidence medium
Sec. 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 instituting EEOC proceedings was in any way attributable to misleading or deceptive conduct undertaken by either the instant defendant or the EEOC itself." (Citations omitted) 8 Accordingly, none of the equitable considerations identified by Smith are material and do not require specific evaluation
discussed Cited as authority (rule) Suarez v. Chairman of the Board of Directors of the Federal Deposit Insurance
D.P.R. · 1988 · confidence medium
See 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, 682 F.2d 971, 974 (D.C.Cir.1982), cert. denied, [460] U.S. [1037], 103 S.Ct. 1427 , 75 L.Ed.2d 787 (1983); Cooper v. Bell, 628 F.2d 1208, 1212 (9th Cir.1980).
discussed Cited as authority (rule) Marie Cully v. Lutheran Medical Center
6th Cir. · 1987 · confidence medium
Baldwin 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).
discussed Cited as authority (rule) Mahlon McLaughlin v. Excel Wire & Cable, Inc. United Technologies, Inc. And Essex Group
6th Cir. · 1986 · confidence medium
The 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 regard for his rights similarly situated to the plaintiff.' Reeb v. Economic Opportunity Atlanta, Inc., 516 F.2d 924, 931 (5th Cir. 1975); Fox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir. 1982) (per curiam).
discussed Cited as authority (rule) Robert WOLFOLK, Plaintiff-Appellant, v. Victor M. RIVERA, Defendant-Appellee
7th Cir. · 1984 · confidence medium
See 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, 682 F.2d 971, 974 (D.C.Cir.1982), cert. denied, — U.S.-, 103 S.Ct. 1427 , 75 L.Ed.2d 787 (1983); Cooper v. Bell, 628 F.2d 1208, 1212 (9th Cir.1980).
discussed Cited "see" Boddy v. Dean
6th Cir. · 1987 · signal: see · confidence high
See Fox v. Eaton Corp., 689 F.2d 91 (6th Cir.1982) (180-day time limit for filing a claim with the EEOC is subject to equitable tolling); Wright v. State of Tennessee, 628 F.2d 949 (6th Cir.1980) (requirement of Age Discrimination in Employment Act that notice of intent to file an action be given to Secretary of Labor within 180 days after alleged unlawful act occurred is not jurisdictional and is subject to equitable tolling); Leake v. University of Cincinnati, 605 F.2d 255 (6th Cir.1979) (time requirements of Title VII are like statutes of limitations and equitable principles apply); Harris …
discussed Cited "see" ca6 1987
6th Cir. · 1987 · signal: see · confidence high
See Fox v. Eaton Corp., 689 F.2d 91 (6th Cir.1982) (180-day time limit for filing a claim with the EEOC is subject to equitable tolling); Wright v. State of Tennessee, 628 F.2d 949 (6th Cir.1980) (requirement of Age Discrimination in Employment Act that notice of intent to file an action be given to Secretary of Labor within 180 days after alleged unlawful act occurred is not jurisdictional and is subject to equitable tolling); Leake v. University of Cincinnati, 605 F.2d 255 (6th Cir.1979) (time requirements of Title VII are like statutes of limitations and equitable principles apply); Harris …
discussed Cited "see" Black v. Brown University
D.R.I. · 1983 · signal: see · confidence high
Whitehead 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 Brake, Inc., 610 F.2d 506, 511 (8th Cir.1979). 10 .
cited Cited "see, e.g." Minnis v. McDonnell Douglas Technical Services Co.
E.D. Mich. · 2001 · signal: see also · confidence medium
See 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).
discussed Cited "see, e.g." Allen v. Diebold, Inc.
N.D. Ohio · 1992 · signal: see also · confidence medium
This 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 would support a charge of discrimination ... were apparent or should have been apparent to a person with a reasonably prudent regard for his rights ...” Reeb v. Economic Opportunity Atlanta, Inc., 516 F.2d 924, 931 (5th Cir.1975); See also Fox v. Eaton Corp., 689 F.2d 91, 93 (6th Cir.1982) (per curiam) 6 This court is somewhat skeptical of an argument…
29 Fair empl.prac.cas. 1589, 30 Empl. Prac. Dec. P 33,069 Olga J. Fox
v.
Eaton Corporation, Successor to Eaton, Yale and Towne, Inc.
81-3198.
Court of Appeals for the Sixth Circuit.
Sep 27, 1982.
689 F.2d 91
James J. McGrath, Cleveland, Ohio, for plaintiff-appellant., Gilda F. Spears, Cleveland, Ohio, for defendant-appellee.
Martin, Brown, Neese.
Cited by 16 opinions  |  Published
PER CURIAM.

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.

1

. 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 . ..