Taylor v. General Telephone Co‪.‬

The district court granted summary judgment against Mary Lynn Taylor in her age discrimination case against General Telephone of the Southwest (General Telephone), and Taylor appeals. The district court granted summary judgment because it found that Taylor ad not filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of discrimination as required by section 626(d)(1) of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634. In addition, the district court found that Taylor failed to allege facts sufficient to justify equitable tolling of the time period. On appeal, Taylor asserts that her charge was timely "filed" with the EEOC because it was mailed to the EEOC because it was mailed to the EEOC on the 180 day after the alleged act of discrimination, even though it was not received by EEOC until the 181st day. Alternatively, Taylor asserts that if her change was untimely, then equitable considerations tolled the running of the limitations period. This Court holds that mailing a charge does not constitute "filing" for purposes of section 626(d)(1), and that Taylors charge was not timely filed. In addition, Taylor has failed to allege a factual basis for equitable tolling of the filing requirement. The grant of summary judgment by the district court is affirmed.