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2d 606
Unpublished Disposition
The EEOC complaint must be filed within 180 days or, under certain
circumstances, not more than 300 days after termination of employment.
Ramsdell was told October 11, 1982, that his position was being eliminated and
his services would cease on October 31, 1982. Applying equitable tolling to
delay the start of the filing period until Ramsdell had knowledge of the
company's possible discriminatory animus, the court determined that he
acquired such knowledge on February 4, 1983, the date two newspaper articles
were published describing the "youth movement" underway at American
Standard. Ramsdell himself had attached the clippings to his complaint as
evidence supporting his claim of age discrimination. If the limitations period is
tolled only until the articles were published, Ramsdell's age discrimination
claim is clearly time barred.
There are two ways to interrupt the running of the limitation period: equitable
estoppel and equitable tolling. Equitable estoppel "examines the defendant's
conduct and the extent to which the plaintiff has been induced to refrain from
exercising his rights." Felty v. Graves-Humphreys Co., 785 F.2d 516, 519 (4th
Cir.1986). However, an attempt to mitigate the harshness of termination,
without more, cannot give rise to equitable estoppel. Id. at 520 (citing Lawson
v. Burlington Industries, Inc., 683 F.2d 862, 864 (4th Cir.1982), cert. denied,
459 U.S. 944 (1982)). There are no other facts adduced to support a finding of
equitable estoppel here.
7
Ramsdell argues that his complaint contains allegations of four separate and
distinct acts of discrimination occurring in 1984, and that a complaint regarding
the acts is not time-barred. The district court found that the 1984 acts
constituted continuations of the original termination decision, and did not
trigger the start of a new limitation period. We see no error in the district court's
finding.
10
In addition, the district court correctly noted that even if the 1984 acts were
considered independent acts, Ramsdell's complaint would be subject to
dismissal for failure to make out a prima facie case. To establish a prima facie
case of employment discrimination, a plaintiff at a minimum must establish i)
that be belongs to a protected group; ii) that he applied and was qualified for a
job for which the employer was seeking applicants; iii) that, despite his
qualifications, he was rejected; and iv) that, after his rejection, the position
remained open and the employer continued to seek applicants from persons of
the plaintiff's qualifications. McDonnell Douglas Corp. v. Green, 411 U.S. 792,
802 (1973). The evidence establishes conclusively that Ramsdell has not met
the second requirement.
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AFFIRMED.
There is no concrete evidence in the record that Ramsdell filed with the EEOC,
but the district court assumed that such was the case