Peavey v. Polytechnic Institute of New York, CV-90-1174.
Decision Date | 19 October 1990 |
Docket Number | No. CV-90-1174.,CV-90-1174. |
Citation | 749 F. Supp. 58 |
Parties | Morris J. PEAVEY, Jr., Plaintiff, v. POLYTECHNIC INSTITUTE OF NEW YORK, New York Department of Human Rights, Equal Employment Opportunity Commission, Defendants. |
Court | U.S. District Court — Eastern District of New York |
Grace C. Karmiol, Office of Legal Counsel, E.E.O.C., Washington, D.C., Eugene G. Reynolds, Cullen & Dykman, Brooklyn, N.Y., for defendants.
Morris J. Peavey, Jr., pro se.
Plaintiff brings this suit pro se under Title VII, Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., against his employer, Polytechnical University of New York, the Equal Employment Opportunity Commission ("EEOC"), and the New York Division of Human Rights, for religious discrimination. The grounds for the suit against the EEOC is that its referral of the suit to the New York Division of Human Rights, and the EEOC's failure to investigate and act on the claim, were improper.
Defendant EEOC moves for dismissal as to itself on three grounds:
Because dismissal is warranted under Rule 12(b)(6) for failure to state a claim, there is no need to address the jurisdictional issues.
The basis of defendant's motion is that Title VII provides no explicit or implicit cause of action against the EEOC. The circuits which have addressed the issue have uniformly held that no cause of action against the EEOC exists for challenges to its processing of a claim. Representative of this line of cases is McCottrell v. EEOC, 726 F.2d 350, 351-52 (7th Cir.1984), which states:
Or, also representative, is Francis-Sobel v. University of Maine, 597 F.2d 15 (1st Cir. 1979), which held that no constitutional cause of action exists against the EEOC for assistance "by the EEOC that was worse than useless":
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