Malveaux v. City of Dunn

In these consolidated appeals, Amanda J. Malveaux appeals the district courts dismissal of her employment discrimination action against the City of Dunn, Dunn Police Department, and Kenneth M. Sills (No. 99-1434); and Bobby Earl Maynard (No. 99-1541), in which she raised claims based on violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5 (1994). The district court dismissed the suit because Malveaux failed to file a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") within 180 days of the date of the alleged unlawful employment practice. It is on this ground alone that Malveaux appeals, claiming that she had 300 days, pursuant to 42 U.S.C. § 2000e-5(e), in which to file her charge with the EEOC. We agree with the district court that Malveauxs action is timebarred. The aggrieved person is required to have filed a charge with the EEOC within 180 days of the alleged discriminatory act or within 300 days of the alleged discriminatory act if state or local proceedings were initiated. See 42 U.S.C. § 2000e-5(e)(1) (1994); Beall v. Abbott Labs., 130 F.3d 614, 620 (4th Cir. 1997). The failure to file a timely complaint with the EEOC bars the claim in federal court. See McCullough v. Branch Banking & Trust Co., 35 F.3d 127, 131 (4th Cir. 1994).