Abraham v. Woods Hole Oceanographic Institute

• Decision Date: 22 January 2009
• Docket Number: No. 08-1655.,08-1655.
• Citation: 553 F.3d 114
• Parties: Nathaniel ABRAHAM, Plaintiff, Appellant, v. WOODS HOLE OCEANOGRAPHIC INSTITUTE, and Mark E. Hahn, Defendants, Appellees.
• Court: U.S. Court of Appeals — First Circuit

553 F.3d 114

Nathaniel ABRAHAM, Plaintiff, Appellant, v. WOODS HOLE OCEANOGRAPHIC INSTITUTE, and Mark E. Hahn, Defendants, Appellees.

No. 08-1655.

United States Court of Appeals, First Circuit.

Heard December 3, 2008.

Decided January 22, 2009.

David C. Gibbs III, with whom Gibbs Law Firm, P.A. and Denise Minor were on brief for appellant.

Robert M. Hale, with whom Goodwin Procter LLP, and Itia S. Roth were on brief, for appellees.

Before LYNCH, Chief Judge, HOWARD, Circuit Judge, and GARCIA-GREGORY,^* District Judge.

GARCIA-GREGORY, District Judge.

Appellant Nathaniel Abraham ("Dr.Abraham") appeals the denial of his motion for leave to file an amended complaint, and the district court's decision not to apply equitable tolling principles in granting a motion for judgment on the pleadings filed by Appellees Woods Hole Oceanographic Institution ("WHOI") and Mark E. Hahn ("Dr.Hahn")(collectively "Defendants"). For the reasons set forth below, we find that Dr. Abraham's appeal lacks merit. Dr. Abraham's request to amend is futile. Furthermore, the doctrine of equitable tolling cannot be applied because Dr. Abraham failed to exercise diligence in meeting any of the filing deadlines for his employment discrimination claim. Accordingly, the district court's judgment is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

As this appeal arises from a dismissal pursuant to a motion for judgment on the pleadings under Federal Rules of Civil Procedure 12(c), we recite the facts in the light most favorable to Dr. Abraham as non-movant, drawing all reasonably supported inferences in his favor. Perez-Acevedo v. Rivero-Cubano, 520 F.3d 26, 29 (1st Cir.2008).

On October 12, 2004, Dr. Abraham began employment at WHOI to work as a Postdoctoral Investigator in Dr. Hahn's laboratory at WHOI on a research grant funded by the National Institute of Health ("NIH"). Dr. Abraham, a citizen of the Republic of India, was employed by the WHOI as an expert on zebrafish developmental biology. His employment consisted of researching the molecular biological aspect of zebrafish. On October 21, 2004, approximately one week after his paid employment status began, Dr. Abraham stated to his supervisor at WHOI, Dr. Hahn, that he was a Christian and that he did not believe in the theory of evolution. Dr. Abraham's disbelief in the theory of evolution created a conflict with Dr. Hahn's vision of how Dr. Abraham's work should be carried out and interpreted. According to Dr. Hahn, Dr. Abraham's disbelief in the theory of evolution was incompatible with the work as proposed to NIH.

As a result, on November 17, 2004, in a meeting with Dr. Hahn and WHOI's Human Resource Manager, Kathleen La Bernz, Dr. Abraham was asked to resign. On that date, Dr. Hahn also presented Dr. Abraham with a letter informing him that he could either resign immediately and accept a severance package or continue working with WHOI until he found another post doctoral position. The letter indicated that if Dr. Abraham chose the latter option he could work until no later than January 31, 2005 at which point he must resign (hereinafter referred to as the "November 17, 2004 letter").

On November 19, 2004, Ms. La Bernz provided Dr. Abraham with a proposed General Release, and encouraged him to sign it in order to receive the lump sum. Dr. Abraham did not resign the next day. On November 22, 2004, Ms. La Bernz emailed to Dr. Abraham the release document, which included a twenty-one (21) day consideration period that was not previously mentioned. Additionally, on that date, Dr. Hahn via email indicated to Dr. Abraham that there would be no reconsideration of his staying at WHOI. The parties agreed to meet the next day.

On November 23, 2004, Dr. Hahn and Ms. La Bernz met with Dr. Abraham. At the meeting, Dr. Abraham was given several "options" all of which provided that his employment would end by no later than January 31, 2005. Furthermore, Dr. Abraham was read the release document which specified that he had twenty-one (21) days to resign in order to receive the severance package. Dr. Abraham did not resign and on December 14, 2005, WHOI terminated his employment.¹

On December 3, 2007, Dr. Abraham filed before the United States District Court for the District of Massachusetts a single count complaint against Defendants based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e ("Title VII").² On January 31, 2008, Appellees filed a motion for judgment on the pleadings arguing that Dr. Abraham's Title VII claim was time barred because it was filed more than ninety (90) days after his constructive receipt of the EEOC First Dismissal Notice and because the doctrine of equitable tolling did not apply to the case.

On March 11, 2008, Dr. Abraham sought leave to file an amended complaint asserting the timeliness of his Title VII claim and adding a claim under Mass. Gen. Laws ch. 151B ("151B"). The district court denied Dr. Abraham's request to amend as futile and granted Defendants' motion for judgment on the pleadings on the grounds that Dr. Abraham's claims were time barred. Furthermore, the district court granted Defendants' motion for judgment on the pleadings with respect to the claims against Dr. Hahn on the basis of Defendants' motion that there was no basis for individual liability under Title VII.³ Dr. Abraham now appeals the district court's denial of his motion to add a 151B claim and its refusal to apply equitable tolling to his Title VII claim.⁴

DISCUSSION

I. Request to Amend Complaint

This court will review the district court's denial of Dr. Abraham's motion for leave to amend the complaint for abuse of discretion. Todisco v. Verizon Commc'ns, Inc., 497 F.3d 95, 98 (1st Cir.2007). Rule 15(a) of the Federal Rules of Civil Procedure provides in part that leave to amend pleadings "shall be freely given when justice so requires." The leave sought should be granted unless the amendment would be futile or reward undue delay. Adorno v. Crowley Towing & Transp. Co., 443 F.3d 122, 126 (1st Cir.2006). "[I]f the proposed amendment would be futile because, as thus amended, the complaint still fails to state a claim, the district court acts within its discretion in denying the motion to amend." Boston & Me. Corp. v. Hampton, 987 F.2d 855, 868 (1st Cir.1993); see also Glassman v. Computervision Corp., 90 F.3d 617, 623 (1st Cir.1996)(finding that "`[f]utility' means that the complaint, as amended, would fail to state a claim upon which relief could be granted").

The law is well settled that a civil action under 151B must be filed within three years of the alleged unlawful act. Cuddyer v. Stop & Shop Supermarket Co., 434 Mass. 521, 750 N.E.2d 928, 936 n. 11 (2001)(citing Mass. Gen. Laws ch. 151B, § 9). "[T]he proper focus [for determining when a statute of limitations period commences] is upon the time of the discriminatory acts, not upon the time at which the consequences of the acts became most painful." School Comm. v. Mass. Comm'n Against Discrimination, 423 Mass. 7, 666 N.E.2d 468, 472 n. 8 (1996)(citing Delaware State College v. Ricks, 449 U.S. 250, 258, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980)). Accordingly, in 151B discrimination claims, the three year statute of limitations period begins to run upon the notice of an upcoming termination of employment rather than when the termination occurs. Adamczyk v. Augat, Inc., 52 Mass.App.Ct. 717, 755 N.E.2d 824, 828-829 (2001); see also Ricks, 449 U.S. at 258-259, 101 S.Ct. 498; Williams v. Raytheon Co., 220 F.3d 16, 20 (1st Cir.2000); Ching v. Mitre Corp., 921 F.2d 11, 14-15 (1st Cir.1990).

Dr. Abraham argues that since his employment was terminated on December 14, 2004 and because his proposed amendment would relate back to the filing of his complaint before the district court on December 3, 2007,⁵ his 151B claim falls within the three year statute of limitations period. According to Dr. Abraham, he did not believe he would be terminated at any time prior to December 14 because he thought that he could solve his problems with Dr. Hahn. Specifically, Dr. Abraham claims that the termination threats were made to force him to renounce his religious beliefs in creation and to accept a belief in evolution as fact rather than theory.⁶

Essentially, Dr. Abraham argues that the three year statute of limitations period commenced when he finally "understood" that he was terminated. However, as mentioned above, under Ricks the limitation period commences at the time the adverse employment decision is made and communicated to the employee. Ricks, 449 U.S. at 258-259, 101 S.Ct. 498. In the present case, the three year statute of limitations period began to accrue when he was given notice that he would no longer be working with WHOI. We find that Dr. Abraham had such notice before December 2004. First, we note that the November 17, 2004 letter indicated to Dr. Abraham that he could either resign immediately and receive a severance package or continue working up to January 31, 2005. In his MCAD complaint, Dr. Abraham acknowledged that he received this "notice" when he stated that he was asked to resign on November 17, 2004. Additionally, on November 22, 2004, Dr. Hahn informed Dr. Abraham that there would be no reconsideration of his staying at WHOI. Furthermore, on that date, Dr. Abraham was given a General Release, which indicated that he had to voluntarily resign within twenty-one (21) days in order to receive a severance package. The release document was read to Dr. Abraham at a meeting on November 23, 2004 and on that date, Dr. Abraham was also handed a set of options all of which involved termination from employment no later than January 31, 2005. Thus, in the month of November 2004, Dr. Abraham received at least four (4) unequivocal termination notices. An employee in this situation could not reasonably conclude that WHOI would not go through with the termination.

Dr. Abraham seeks to convince this court otherwise by arguing that it...