Bledsoe v. Pilot Life Ins. Co., Inc., 78-1797
| Decision Date | 20 July 1979 |
| Docket Number | No. 78-1797,78-1797 |
| Citation | 602 F.2d 652 |
| Parties | 25 Fair Empl.Prac.Cas. 232, 21 Empl. Prac. Dec. P 30,357 Ruth BLEDSOE, on behalf of herself and all persons similarly situated, Appellant, v. PILOT LIFE INSURANCE CO., INC., Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Jonathan R. Harkavy, Greensboro, N. C. (Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N. C.; James B. McMillan, Jr., Lambeth, McMillan & Weldon, Thomasville, N. C., on brief), for appellant.
Donald B. Harden, Atlanta, Ga. (Erle Phillips, Benjamin B. Culp, Jr., Fisher & Phillips, Atlanta, Ga.; W. Linville Roach, Vice President, Gen. Counsel, Pilot Life Ins. Co., Inc., Greensboro, N. C., on brief), for appellee.
Before BRYAN, Senior Circuit Judge, PHILLIPS, Circuit Judge, and DUMBAULD, Senior District Judge for the Western District of Pennsylvania, sitting by designation.
Summary judgment was granted Pilot Life Insurance Co., appellee, in the sex discrimination suit instituted by Ruth Bledsoe, appellant, pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e Et seq. This appeal followed.
Pilot Life terminated Ruth Bledsoe's employment on October 31, 1974, but she failed to file a charge with the Equal Employment Opportunity Commission (EEOC) until November 8, 1976. Under the requirements of the Act, 42 U.S.C. § 2000e-5(e) (1972), such a charge "shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred . . . ." Accordingly, EEOC dismissed her claim as not timely lodged, and she commenced her present suit on July 12, 1977, in District Court.
In a finished memorandum, the trial judge looked both to the equities and to the law as written, and concluded that Ruth Bledsoe's charge was barred by her delay in submitting it to the EEOC. Summary judgment on her suit has our approval, founded on the District Judge's opinion. Ruth Bledsoe v. Pilot Life Ins. Co., 473 F.Supp. 864 (M.D.N.C. 1978).
Affirmed.
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...with the Department of Interior). Contra Bledsoe v. Pilot Life Ins. Co., Inc., 473 F.Supp. 864, 866-67 (M.D.N.C.1978), aff'd 602 F.2d 652 (4th Cir.1979) (filing charge with the Wage and Hour Division of the Department of Labor does not satisfy EEOC filing requirement). In both Dickerson and......
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...was not filed within 180 days after the unlawful discharge of April 4, 1977, and it is therefore barred. Bledsoe v. Pilot Life Insurance Co., Inc., 602 F.2d 652 (4th Cir. 1979). Plaintiff makes no contention that he filed his claim of unlawful discharge with the EEOC prior to January 15, 19......
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...Corp., 406 F. Supp. 2d 605 (M.D.N.C. 2005); and Bledsoe v. Pilot Life Ins. Co., Inc., 473 F. Supp. 864 (M.D.N.C. 1978), aff'd, 602 F.2d 652 (4th Cir. 1979). (See Docket Entry 32 at 6-7.) None of these cases involves a plaintiff's request to amend an otherwise timely complaint to add a Title......
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...undisputed facts demonstrate that plaintiff did not file a timely EEOC charge, summary judgment is appropriate. Bledsoe v. Pilot Life Insurance Co., 602 F.2d 652 (4th Cir. 1979). Plaintiff's § 1981 claim is also barred. Because Section 1981 does not contain its own statute of limitations, t......