Emanuel Swinton v. Hansens Truck Salvage Inc.

670 F. App'x 432

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 7, 2016
• Docket: 16-1470
• Status: Unpublished

Opinion

PER CURIAM.

Emanuel L. Swinton appeals the district court’s 1 adverse grant of summary judgment in his pro se Title VII employment-discrimination action against his former 'employer. We review de novo, see Spears v. Missouri Dep’t of Corr. & Human Res., 210 F.3d 850, 853 (8th Cir. 2000), and we agree with the district court that Swintoris claims of race-based discriminatory discharge and retaliation are time-barred because he filed his lawsuit over seven months late. See 42 U.S.C. § 2000e—5(f)(1); Baldwin Cty. Welcome Ctr. v. Brown, 466 U.S. 147, 149, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984) (per curiam) (Title VII plaintiff must file suit within 90 days of receiving right-to-sue letter from the Equal Employment Opportunity Commission). Contrary to Swintoris assertion, the 90-day filing window applies equally to claims of race-based retaliation.

Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri.