Stafford v. Muscogee County Bd. of Educ.
| Decision Date | 15 October 1982 |
| Docket Number | No. 81-7101,81-7101 |
| Parties | 29 Fair Empl.Prac.Cas. 1773, 30 Empl. Prac. Dec. P 33,103, 6 Ed. Law Rep. 901 Booker T. STAFFORD, Plaintiff-Appellant, v. MUSCOGEE COUNTY BOARD OF EDUCATION, Its Members and Dr. Braxton Nail, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Katherine L. Breeding, Atlanta, Ga., for plaintiff-appellant.
Hatcher, Stubbs, Land, Hollis & Rothschild, A. J. Land, James E. Humes, II, Columbus, Ga., for defendants-appellees.
Appeal from the United States District Court for the Middle District of Georgia.
Before INGRAHAM *, HATCHETT and ANDERSON, Circuit Judges.
Booker T. Stafford ("Stafford"), a black educator in the Muscogee County School System, brought this employment discrimination action under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e, et seq. (West 1982), and under the Civil Rights Act of 1866, 42 U.S.C.A. § 1981 (West 1981), against the Muscogee County Board of Education and Dr. Braxton A. Nail (collectively referred to herein as the "Board"). Stafford complained that he and other blacks had been discriminated against by the Board with respect to the staffing of principalships in the Muscogee County School System, and he sought both individual and class relief. The district court granted summary judgment for the Board, and Stafford appeals to this court. For the reasons set forth below, we affirm in part, reverse in part, vacate in part, and remand to the district court for further proceedings.
Stafford was hired by the Muscogee County School System in 1951 for the position of a mathematics teacher at Spencer High School. Stafford had previously taught mathematics for two years in a junior high school in Alabama. Beginning in 1953, Stafford became the chairman of the mathematics department at Spencer High School. In 1966, Stafford was promoted to the position of assistant principal at Marshall High School. The following year, Stafford became the principal of Radcliffe Elementary School. He served in that capacity until April of 1971, at which time the Radcliffe Elementary School was destroyed by fire. Since that time, despite numerous applications for principalships within the Muscogee County School System, Stafford has not been placed in a principal's position. Between 1971 and the filing of this action in June of 1979, Stafford has served as administrative assistant at Spencer High School, assistant principal at Spencer High School, and assistant principal at J.D. Davis Elementary School. The compensation received by Stafford for his work in these positions was lower than the amount he would have received had he remained in the position of a principal.
The record reflects that Stafford made numerous applications for principalships within the Muscogee County School System between the fire at the Radcliffe School and September, 1977, when he applied for a position at the Georgetown Elementary School. In fact, during 1977, Stafford applied for at least five positions, including those of summer school principal, principal at the Gentian Elementary School, the Wynnton Elementary School, the Rothschild Junior High School, and the Georgetown Elementary School. Dr. Braxton A. Nail, Superintendent of the Muscogee County School District, notified Stafford that he had not been appointed to the Georgetown position in a letter dated October 7, 1977.
Later in October, 1977, Stafford began to pursue the grievance procedures established by the Board. He was accorded no relief under those proceedings. Subsequently, in March, 1978, Stafford filed a complaint with the Department of Health, Education and Welfare ("HEW") under Title VI of the Civil Rights Act of 1964. According to the affidavit of Dr. Nail, a conference was held in Washington in July, 1978, between representatives of the school district and the Department of Health, Education and Welfare, and HEW concluded that the Board had refuted Stafford's allegations of discrimination.
Stafford filed a charge of racial discrimination with the Equal Employment Opportunity Commission ("EEOC") on December 20, 1978. The EEOC issued a right-to-sue letter on March 26, 1979.
Stafford filed this suit as a class action on June 18, 1979, seeking to represent a class "composed of all black teachers and principals and other administrators who are employed, or might be employed, by defendant." Record, p. 6. Stafford charged that the Board traditionally appointed blacks only to schools which have a predominantly black enrollment and had engaged in a pattern and practice of discrimination by promoting black principals only to spots vacated by other black principals. Stafford also claimed that he personally had been the victim of discrimination with respect to the principalships for which he had applied since April, 1971. Stafford sought damages, declaratory relief, and injunctive relief for the alleged discriminatory practices.
After deposing Stafford and receiving Stafford's answers to interrogatories, the Board moved for summary judgment. Stafford originally did not respond to the motion, and the district court granted summary judgment on October 15, 1980. After obtaining new counsel, Stafford moved to vacate the judgment and submitted a memorandum of law and his affidavit. The district court granted Stafford's motion to vacate, but on reconsideration of the summary judgment motion, the district court once again entered an order granting summary judgment for the Board. The district court concluded that Stafford's Title VII claim was barred because of his failure to make a timely filing with the EEOC. The court further concluded that Stafford's claims under 42 U.S.C.A. § 1981 were barred by the statute of limitations, with the exception of the Georgetown promotion. With respect to that position, the district court concluded that there was no discrimination against Stafford in the staffing of that position. Alternatively, the district court also held that the administrative determination by HEW with respect to the Title VI claim of Stafford barred his Title VII and § 1981 claims under the doctrine of res judicata. The court also dismissed Stafford's claim under the Thirteenth Amendment for failure to state a claim upon which relief could be granted. Stafford does not appeal with respect to this Thirteenth Amendment claim. Finally, the district court denied certification of the alleged class. Stafford appeals.
Stafford raises five issues on appeal: (1) whether his claim under Title VII is time-barred; (2) whether his claims under 42 U.S.C.A. § 1981 are barred by the applicable statutes of limitation; (3) whether the district court properly granted summary judgment on the merits of Stafford's claim with respect to his Georgetown Elementary School application; (4) whether Stafford's claims are barred under the principle of res judicata; and (5) whether the district court properly declined to entertain the suit as a class action.
Stafford raises essentially two arguments to demonstrate that his Title VII claims are not barred by the 180-day period for filing a claim of discrimination with the EEOC. First, he argues that the last act of discrimination against him occurred on June 30, 1978, when he received his contract for the 1978-79 school year. He contends that he was not reasonably aware that he would not be placed into principalships for which he had applied until that date. Second, he argues that the 180-day period should be tolled because he pursued the grievance procedures established by the Board and because he filed a claim with HEW under Title VI. We find these arguments to be without merit.
In order to assert a claim of racial discrimination under Title VII, a claimant must file a complaint with the EEOC within 180 days after the alleged discriminatory practice occurred. 42 U.S.C.A. § 2000e-5(e) (West 1974). This 180-day period "begins to run from the time that the complainant knows or reasonably should know that the challenged act has occurred." Allen v. U.S. Steel Corp., 665 F.2d 689, 692 (5th Cir. 1982); McWilliams v. Escambia County School Board, 658 F.2d 326, 328 (5th Cir. 1981); Yates v. Mobile County Personnel Board, 658 F.2d 298, 299 (5th Cir. 1981). 1 The requirement that a claimant file "a timely charge of discrimination with the EEOC is not a jurisdictional prerequisite to sue in federal court, but a requirement that, like a statute of limitations, is subject to waiver, estoppel, and equitable tolling." Zipes v. Transworld Airlines, Inc., --- U.S. ----, ----, 102 S.Ct. 1127, 1132-1133, 71 L.Ed.2d 234, 243-44 (1982). See Coke v. General Adjustment Bureau, Inc., 640 F.2d 584, 595 (5th Cir. 1981) (en banc).
In this case, the district court granted summary judgment for the Board with respect to Stafford's Title VII claim on the ground that Stafford had failed to make a timely filing with the EEOC. In reviewing the district court's decision on summary judgment, we "must draw all inferences of fact in favor of the party opposing summary judgment, and the burden is on the moving party to demonstrate that there is no genuine issue of fact." Coke v. General Adjustment Bureau, Inc., 640 F.2d at 595; accord, Impossible Electronics Techniques Inc. v. Wackenhut Protective Systems, Inc., 669 F.2d 1026 (5th Cir. 1982). After reviewing the record in this case under the above standard, we conclude that no genuine issue of fact remains regarding the question of whether Stafford has filed a timely claim with the EEOC; it is clear that he has not.
Stafford filed his complaint with the EEOC on December 20, 1978. Therefore, his claims under Title VII are barred if he knew or reasonably should have known of the challenged acts prior to June 23, 1978, unless he raises a valid tolling argument. Here, the record clearly reflects that Stafford knew or should have known well...
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