508 F. App'x 907
11th Cir.2013Background
- Bourne, an African American woman, sues Broward County School Board for Title VII and FCRA discrimination, harassment, and retaliation.
- Counts I/IV allege racial discrimination/hostile environment; School Board allegedly did not act.
- Counts II/V allege retaliation via termination; Counts III/VI allege retaliation via failure to interview/hire after Bourne complained to internal EEO.
- Last day of work: March 30, 2007; EEOC charge filed March 31, 2008; charges timely only if tolling applies.
- Bourne filed an internal EEO complaint in Oct. 2007; no EEOC charge filed until March 2008.
- District court granted summary judgment to School Board on all counts; Bourne appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Counts I/IV are time-barred or equitably tolled | Bourne contends equitable tolling extends filing deadline. | School Board argues late filing is untimely and not tolled. | Equitable tolling not applied; timely filing not established. |
| Whether Bourne proved a prima facie retaliation claim for Counts III/VI | Bourne asserts she engaged in protected activity under the participation clause. | School Board contends no protected activity under either clause occurred before EEOC filing. | No protected activity under either clause; summary judgment affirmed. |
Key Cases Cited
- Gregory v. Ga. Dep’t of Human Res., 355 F.3d 1277 (11th Cir. 2004) (exhaustion/timeliness of EEOC charges)
- Thomas v. Fla. Power & Light Co., 764 F.2d 768 (11th Cir. 1985) (timeliness of state agency tolling period)
- Zipes v. Trans World Airlines, Inc., 455 U.S. 385 (U.S. Supreme Court 1982) (equitable tolling principles for Title VII)
- Carter v. Western Publishing Co., 225 F.3d 1258 (11th Cir. 2000) (burden to prove applicability of equitable tolling)
- EEOC v. Total Sys. Servs., Inc., 221 F.3d 1171 (11th Cir. 2000) (participation clause not covering internal in-house investigations)
- Guess v. City of Miramar, 889 So.2d 840 (Fla. 4th DCA 2004) (participation clause scope in FCRA context)
- Stewart v. Booker T. Washington Ins., 232 F.3d 844 (11th Cir. 2000) (awareness of legal rights and tolling considerations)