Fourth Circuit Rejects Morgan State University Professor's Discrimination Claim
On February 19, 2010, the Fourth Circuit Court of Appeals affirmed the dismissal of discrimination and retaliation claims filed by a Morgan State University professor.
By way of background, before filing suit in federal court on a claim of discrimination under Title VII of the Civil Rights Act of 1964, a claimant generally must “exhaust her administrative remedies.” To do so, she must file a complaint with the Equal Employment Opportunity Commission (“EEOC”) within 180 days of the alleged discriminatory act. In the alternative, that individual may file a complaint with certain state or local administrative agencies within 300 days of the alleged discriminatory act.
Rose Ure Mezu, an African American woman of Nigerian origin and Igbo ethnicity, served as a an associate professor at Morgan State University. In 2004 and 2005, Mezu applied for promotion to full professor, but she was denied. Morgan State’s denial of Mezu’s application came in an April 6, 2006 letter from Morgan State University President, Dr. Earl Richardson.
In the same letter, Dr. Richardson reminded Mezu of her right to an internal appeal. Mezu appealed, and was again denied in September 2006. Under Morgan State policy, Mezu had the opportunity for further internal appeal, but apparently did not further pursue the matter internally.
Mezu filed a charge with a local administrative agency, alleging that Morgan State had denied her tenure based on race and national origin in violation of Title VII of the Civil Rights Act of 1964. She filed her administrative charge on March 25, 2007—critically, more than 300 days after Dr. Richardson’s April 6, 2006 correspondence denying Mezu’s application for tenure.
After the EEOC issued Mezu a right to sue letter, Mezu filed suit in federal court. On Morgan State’s motion, the court dismissed Mezu’s Title VII claim as time barred, based on Mezu’s failure to file a complaint with the applicable local agency within 300 days of the alleged discriminatory act—Dr. Richardson’s April 6, 2006 letter of denial.
On appeal, the Fourth Circuit Court of Appeals affirmed because the discrete act forming the basis for Mezu’s claim fell outside the 300-day window preceding her March 25, 2007 complaint. The Fourth Circuit rejected arguments that the continuing internal appeals process at Morgan State affected the limitations period: “The time the initial employment decision was made and communicated triggered the commencement of the limitations period despite the pendency of the internal appeal and the possibility of a reversal of the initial decision.” The court also rejected Mezu’s retaliation claim, raised for the first time in federal court, because Mezu could not “attach her retaliation claim” to any claims properly before the court.
