254 F.3d 384 (2nd Cir. 2001), 00-6307, Belgrave v Pena

Docket Nº:Docket No. 00-6307
Citation:254 F.3d 384
Party Name:WAYNE BELGRAVE, Plaintiff-Appellant, v. FREDERICO PENA, Secretary of the United States Department of Energy, Defendant-Appellee.
Case Date:June 20, 2001
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
FREE EXCERPT

Page 384

254 F.3d 384 (2nd Cir. 2001)

WAYNE BELGRAVE, Plaintiff-Appellant,

v.

FREDERICO PENA, Secretary of the United States Department of Energy, Defendant-Appellee.

Docket No. 00-6307

United States Court of Appeals, Second Circuit

June 20, 2001

Argued: May 17, 2001

Plaintiff-appellant Wayne Belgrave appeals from a September 18, 2000 judgment of the United States District Court for the Southern District of New York (Henry B. Pitman, Magistrate Judge). The judgement dismissed plaintiff's suit pursuant to Rule 56(c) of the Federal Rules of Civil Procedure because plaintiff (1) failed to timely exhaust his administrative remedies at the Department of Energy ("DOE") prior to filing suit, and (2) did not establish that DOE's asserted business justifications were pretext for race or age discrimination under the McDonnell Douglas burden-shifting framework.

Because we find that the plaintiff's efforts to exhaust his administrative remedies at the DOE were untimely, we affirm the district court's judgment.

Page 385

Michael H. Sussman, (Stephen Bergstein, on the brief); Law Offices of Michael H. Sussman; Goshen, NY (for Plaintiff-Appellant).

Sean C. Cenawood, Assistant United States Attorney (Mary Jo White, United States Attorney for the Southern District of New York, Jeffrey Oestericher, Assistant United States Attorney, on the brief), New York, NY (for Defendant-Appellee).

Before: WALKER, Chief Judge, FEINBERG and CABRANES, Circuit Judges.

PER CURIAM:

Plaintiff-appellant Wayne Belgrave appeals from a September 18, 2000 judgment of the United States District Court for the Southern District of New York (Henry B. Pitman, Magistrate Judge) granting the motion for summary judgment of defendant-appellee Federico F. Pena, Secretary of the United States Department of Energy ("DOE").

Belgrave, a former DOE employee, brought suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621

Page 386

et seq., alleging that the DOE discriminated against him by failing to offer him one of two newly created Federal Energy Management Program ("FEMP") positions. Belgrave is an African-American male who, at the time of the events in question, was 66 years of age.

The district court asserted two alternative bases for granting summary judgment: (1) that Belgrave had...

To continue reading

FREE SIGN UP