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Verdicts

By ALM Staff | Law Journal Newsletters |

Failure to File Timely EEOC Discrimination Claim Leads to Dismissal of Suit

Alleyne v. American Airlines, No. 07-1386-cv, 2nd Cir., Nov. 20, 2008. Plaintiff, who is black, was a service clerk with American Airlines Inc. In March 2002, under a provision in American's bargaining pact with Local 501 of the Transport Workers Union of America, his seniority was forfeited after 323 hours' work as a Management Personnel Replacement. He was fired in June 2003 after a workforce reduction, and, as a result, lost his seniority. In March 2004, he filed a claim with the Equal Employment Opportunity Commission (EEOC), which granted permission to sue. The appellate court affirmed a district court's dismissal of the plaintiff's employment discrimination suit for failure to file a discrimination charge with the EEOC within 300 days of the alleged unlawful employment action. Discussing Delaware State College v. Ricks, the panel agreed with the court that the plaintiff's discrimination claim accrued, for statute of limitations purposes, on the date that he learned of his allegedly discriminatory loss of seniority, not the later date of his employment's termination.

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