BRANCH v. KROGER LIMITED PARTNERSHIP, 4:15CV00351 JLH. (2015)
Court: District Court, E.D. Arkansas
Number: infdco20150819634
Visitors: 11
Filed: Aug. 18, 2015
Latest Update: Aug. 18, 2015
Summary: ORDER J. LEON HOLMES , District Judge . Ray C. Branch, Jr., commenced this action on June 12, 2015, alleging that Kroger Limited Partnership discriminated against him in violation of Title VII of the Civil Rights Act. Branch alleges in his complaint that the act of discrimination occurred on July 8, 2008, and that he filed charges with the Equal Employment Opportunity Commission on October 14, 2014. He says that the EEOC issued a right-to-sue letter on March 27, 2015. Kroger has now filed
Summary: ORDER J. LEON HOLMES , District Judge . Ray C. Branch, Jr., commenced this action on June 12, 2015, alleging that Kroger Limited Partnership discriminated against him in violation of Title VII of the Civil Rights Act. Branch alleges in his complaint that the act of discrimination occurred on July 8, 2008, and that he filed charges with the Equal Employment Opportunity Commission on October 14, 2014. He says that the EEOC issued a right-to-sue letter on March 27, 2015. Kroger has now filed a..
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ORDER
J. LEON HOLMES, District Judge.
Ray C. Branch, Jr., commenced this action on June 12, 2015, alleging that Kroger Limited Partnership discriminated against him in violation of Title VII of the Civil Rights Act. Branch alleges in his complaint that the act of discrimination occurred on July 8, 2008, and that he filed charges with the Equal Employment Opportunity Commission on October 14, 2014. He says that the EEOC issued a right-to-sue letter on March 27, 2015.
Kroger has now filed a motion to dismiss, pointing out that 42 U.S.C. § 2000e-5(e)(1) requires that an administrative charge be filed within 180 days after the act of discrimination occurred. Here, according to the complaint, the administrative charge was filed more than six years after the act of discrimination. Therefore, this action is barred by the period of limitations established in 42 U.S.C. § 2000e-5(e)(1).
Kroger's motion to dismiss is GRANTED. Document #13. This action is hereby dismissed with prejudice.
Source: Leagle
