Employment & Labor Law
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Labady v. Gemini Air Cargo, Inc.
18 Fla. L. Weekly Fed. D87a (S.D. Fla Nov. 22, 2004)
The plaintiff filed a claim with the EEOC for race discrimination and retaliation under Title VII and the Federal Civil Rights Act, for failure to promote and termination after he was laid off. Subsequently, the plaintiff was offered his job back after several others quit, but he chose to take employment elsewhere. The plaintiff received a right-to sue letter, but failed to file suit until one year after the letter was issued. The court determined that the Title VII claims were time barred and that the continuing violation doctrine could not be used to extend the filing time for an EEOC charge. The court also determined that the plaintiff did not establish his prima facie case for failure to promote or retaliation because he was recalled to employment; therefore, no adverse employment action took place. Summary judgment was granted to the employer.
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