Bracamontes v. Amstar Corp., 76-2203
| Decision Date | 07 July 1978 |
| Docket Number | No. 76-2203,76-2203 |
| Citation | 576 F.2d 61 |
| Parties | 17 Fair Empl.Prac.Cas. 1159, 17 Empl. Prac. Dec. P 8421 Rita P. BRACAMONTES and Isabel Manale, Plaintiffs-Appellants, v. AMSTAR CORPORATION, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
M. H. Gertler, Judith Warshawsky, New Orleans, La., for plaintiffs-appellants.
G. Phillip Shuler, III, David L. McComb, New Orleans, La., for defendant-appellee.
Appeal from the United States District Court for the Eastern District of Louisiana.
Before WISDOM, GOLDBERG and RUBIN, Circuit Judges.
The plaintiffs, Rita Bracamontes and Isabel Manale, former employees of Amstar Corporation, filed suit charging that they had been denied rehiring because of sex discrimination. 42 U.S.C. § 2000e-2(a). Their allegations encompassed actions by Amstar between 1965 and October 1973. The district court for the Eastern District of Louisiana dismissed as untimely all the charges stemming from the period before October 1973. Manale's complaint was completely dismissed; the court found that she had never filed a proper charge with the Equal Employment Opportunity Commission, nor had she received a right-to-sue letter. On the remaining claim the court ruled against Bracamontes on the merits, finding that non-discriminatory company policies accounted for her lack of success. Both plaintiffs appealed.
We agree with the district court's holding that contentions arising from actions before October 1973 were time-barred. The charges were not filed as a class action. The plaintiffs filed their charge with the E.E.O.C. within the 180 day time limit only for the events of October 1973. 42 U.S.C. § 2000e-5(e). After Evans v. United Air Lines, Inc., 1977, 431 U.S. 553, 97 S.Ct. 1885, 52 L.Ed.2d 571, the plaintiffs' argument that earlier actions constituted a "continuing violation" is untenable. Nor was the evidence of the alleged violations concealed by Amstar.
We need consider only one of the other issues raised by Bracamontes and Manale. The relevant facts supporting their claims are the same. Both fail because of the company's policy on rehiring.
Amstar's personnel officials testified that the company had long made it a policy not to rehire certain employees. If an employee had been employed for a long period but had then lost seniority rights, the company believed that the worker would resent this loss. Morale would suffer. The officials admitted that the policy was unwritten and that exceptions had...
To continue reading
Request your trial
-
Jacobs v. BD. OF REGENTS, ETC.
...v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Bickham v. Miller, 584 F.2d 736 (5th Cir. 1978); Bracamontes v. Amstar Corporation, 576 F.2d 61 (5th Cir. 1978); Cutliff v. Greyhound Lines, Inc., 558 F.2d 803 (5th Cir. 1977); East v. Romine, Inc., 518 F.2d 332 (5th Cir. 1975); ......
-
Gonzalez v. Firestone Tire & Rubber Co.
...within 180 days of the discriminatory act. See Hodge v. McLean Trucking Co., 607 F.2d 1118 (5th Cir. 1979); Bracamontes v. Amstar Corp., 576 F.2d 61 (5th Cir. 1978); McArthur v. Southern Airways, Inc., 569 F.2d 276 (5th Cir. 1978) (en banc); Charlier v. S. C. Johnson & Son, Inc., 556 F.2d 7......
-
Williams v. Southern Bell Telephone & Telegraph Co.
...The plaintiff alleged the filing of a grievance with the E.E.O.C. within 180 days of the discriminatory act. See Bracamontes v. Amstar Corporation, 576 F.2d 61 (5th Cir. 1978). The plaintiff further alleged that he received a "Right to Sue" letter; Stebbins v. Continental Insurance Companie......
-
Jones v. Lumberjack Meats, Inc.
...time he filed his 1977 charge with the EEOC. Hodge v. McLean Trucking Co., 607 F.2d 1118, 1120 (5th Cir. 1979); Bracamontes v. Amstar Corp., 576 F.2d 61, 62 (5th Cir. 1978). Among the elements Jones must establish in making out a prima facie case showing such a discriminatory act is the exi......