Anna Huff v. Board of Governors of the Univ

Filing 920090612

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1793 ANNA ANITA HUFF, Plaintiff - Appellant, v. BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA CONSTITUENT N.C. A&T STATE UNIVERSITY, Defendant - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, Jr., District Judge. (1:07-cv-00895-WO-RAE) Submitted: April 30, 2009 Decided: June 12, 2009 Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Romallus O. Murphy, Greensboro, North Carolina, for Appellant. Roy Cooper, North Carolina Attorney General, John P. Scherer II, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anna Anita Huff appeals from the district court's order granting the Employer's motion to dismiss for failure to file a timely EEOC charge of discrimination in Huff's employment discrimination action. Finding no error, we affirm. We review de novo a district court's decision granting a motion to dismiss for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1).* F.3d 379, 382 (4th Cir. 2007). See Etape v. Chertoff, 497 A Title VII plaintiff must comply with 42 U.S.C.A. 2000e-5(e)(1) (West 2006 & Supp. 2009) in order to pursue her claim in federal court. The statute requires a plaintiff to file her charge of discrimination with the EEOC within the appropriate 180- or 300-day period after an "alleged unlawful employment practice" occurred. In determining whether the 180- or 300-day period applies, courts look to the state where the claim arose. applied. August 10, Huff 2007, filed well her past In this case the 180-day period charge 180-day of discrimination period, on EEOC the filing which expired on March 12, 2007. Although the district court stated in its ruling from the bench that the motion should be considered under Fed. R. Civ. P. 12(b)(1) and 12(b)(6), the court ruled that there was a lack of jurisdiction and not that Huff failed to state a claim. * 2 Huff alleges that the Employer deliberately delayed stating the reasons for the termination of her employment, so that she was unable to "obtain vital information bearing on the existence equitable equitable limitations of her claim" should are and argues equitable Equitable methods of tolling tolling modifying where or and a the estoppel estoppel period. apply. separate Equitable tolling applies defendant has wrongfully deceived or misled the plaintiff in order to conceal the existence of a cause of action; equitable estoppel applies to where a the defendant to engages miss a in intentional deadline. misconduct cause plaintiff filing English v. Pabst Brewing Co., 828 F.2d 1047, 1049 (4th Cir. 1987); Morse v. Daily Press, Inc., 826 F.2d 1351, 1352-53 (4th Cir. 1987). As noted by the district court, Huff has presented no facts that would merit the application of equitable tolling or estoppel, nor does the record disclose any. While Huff may not have been told the reason for the termination because of the ongoing investigation for improperly handling funds, there is no evidence that the Employer did this in order to conceal a cause of action or intentionally delay an EEOC charge. Employer take any actions that it should have Nor did the unmistakably See understood would cause Huff to delay filing her charges. English, 828 F.2d at 1049. 3 Accordingly, we affirm the district court's order. dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 4

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