English v. Pabst Brewing Co.

828 F.2d 1047, 44 Fair Empl. Prac. Cas. (BNA) 1385, 1987 U.S. App. LEXIS 12215, 44 Empl. Prac. Dec. (CCH) 37,387
CourtCourt of Appeals for the Fourth Circuit
DecidedSeptember 15, 1987
DocketNo. 86-3148
StatusPublished
Cited by154 cases

This text of 828 F.2d 1047 (English v. Pabst Brewing Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
English v. Pabst Brewing Co., 828 F.2d 1047, 44 Fair Empl. Prac. Cas. (BNA) 1385, 1987 U.S. App. LEXIS 12215, 44 Empl. Prac. Dec. (CCH) 37,387 (4th Cir. 1987).

Opinion

WILKINSON, Circuit Judge:

C.M. English was employed by the Pabst Brewing Company as a sales representative. In February of 1982, Pabst informed English that his employment was to be terminated. English sued under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. The district court granted summary judgment to the defendant because English did not file his ADEA charge within the 180 day period imposed by the statute and because he failed to establish that the termination was based on his age. C.M. English v. Pabst Brewing Co., 645 F.Supp. 186 (W.D.N.C.1986). We affirm.

I.

At the time his employment with Pabst ended, English sold malt syrup and industrial chemicals to firms in the southeastern United States. English was sixty-five years old. Pabst told him upon his termination that it was restructuring its sales staff and product lines and that the field work previously handled by him would be handled primarily by telephone from the company’s headquarters.

Six months later, in August of 1982, English had a chance encounter with Irvin Troy, his former sales supervisor. Accompanying Troy was Donald Lex, who had been hired by Pabst as a sales representative in July. Lex was twenty-five years old.

Roughly six months after this meeting— 359 days after he was notified of his termination — English filed a charge of age discrimination with the EEOC. After filing his charge with the EEOC, English commenced this civil action. He alleged that Pabst had replaced him with a younger man and thus committed age discrimination. In granting Pabst’s motion for summary judgment, the district court held that English’s claim was time-barred by the provisions of § 7(d) of the ADEA and that Lex was not English’s replacement, but filled a position requiring different skills and expertise created in the company’s reorganization.

II.

The ADEA requires that a plaintiff file a charge with the EEOC before filing a civil action; this charge must normally be filed within 180 days of the discriminatory practice. 29 U.S.C. § 626(d). Where the charge is based on a job termination, the 180-day period runs from the date on which the plaintiff is notified of his termination. Felty v. Graves-Humphreys, 785 F.2d 516, 518-19 (4th Cir.1986); Price v. Litton Business Systems, 694 F.2d 963, 965 (4th Cir.1982). The limitation period facilitates the prompt resolution of disputes upon fresh recollections. It also reflects the point at which Congress has de[1049]*1049termined the prospect of litigation should presumptively be laid to rest.

Because the 180-day period is akin to a statute of limitations, rather than a jurisdictional prerequisite to filing suit, a plaintiff can obtain relief from it under the doctrines of equitable tolling and equitable estoppel. Vance v. Whirlpool Corp., 716 F.2d 1010, 1011-12 (4th Cir.1983). Equitable exceptions to the statutory limitations period should be sparingly applied, however. The certainty and repose these provisions confer will be lost if their application is up for grabs in every case. As the equitable exceptions to the charging period have been the subjects of some confusion — in the present case, for example, the parties used the terms equitable estoppel and equitable tolling interchangeably— we will review them briefly before applying them to the case before us.

The doctrines of equitable tolling and equitable estoppel have a common origin; they are based primarily on the view that a defendant should not be permitted to escape liability by engaging in misconduct that prevents the plaintiff from filing his or her claim on time. As the Supreme Court explained in Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231, 232-33, 79 S.Ct. 760, 761-62, 3 L.Ed.2d 770 (1959),

[N]o man may take advantage of his own wrong. Deeply rooted in our jurisprudence this principle has been applied in many diverse classes of cases by both law and equity courts and has frequently been employed to bar inequitable reliance on statutes of limitations.

Equitable tolling applies where the defendant has wrongfully deceived or misled the plaintiff in order to conceal the existence of a cause of action. See Lawson v. Burlington Industries, 683 F.2d 862, 864 (4th Cir.1982); Cerbone v. International Ladies’ Garment Workers’ Union, 768 F.2d 45, 48 (2d Cir.1985); Meyer v. Riegel Products Corp., 720 F.2d 303, 307-08 (3d Cir.1983). To invoke equitable tolling, the plaintiff must therefore show that the defendant attempted to mislead him and that the plaintiff reasonably relied on the misrepresentation by neglecting to file a timely charge. Lawson, 683 F.2d at 864; Coke v. General Adjustment Bureau, 640 F.2d 584, 595 (5th Cir.1981).

Equitable estoppel applies where, despite the plaintiffs knowledge of the facts, the defendant engages in intentional misconduct to cause the plaintiff to miss the filing deadline. Felty v. Graves-Humphreys, 818 F.2d 1126 (4th Cir.1987); Price, 694 F.2d at 965. See also Cerbone, 768 F.2d at 49-50; Dillman v. Combustion Engineering, 784 F.2d 57, 60-61 (2d Cir.1986). “The statute of limitations will not be tolled on the basis of equitable estoppel unless the employee’s failure to file in timely fashion is the consequence either of a deliberate design by the employer or of actions that the employer should unmistakably have understood would cause the employee to delay filing his charge.” Price, 694 F.2d at 965.

III.

English seeks to invoke the principle of equitable tolling. He alleges that Pabst concealed material information from him in two ways: first, by failing to post the required notice about ADEA rights, and second, by giving him a pretextual reason for his termination. Neither allegation is supported by the facts in the summary judgment record, however.

A.

The ADEA requires an employer to post “in conspicuous places upon its premises a notice to be prepared or approved by the Equal Employment Opportunity Commission setting forth information as the Commission deems appropriate to effectuate the purposes of [the ADEA].” 29 U.S.C.

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828 F.2d 1047, 44 Fair Empl. Prac. Cas. (BNA) 1385, 1987 U.S. App. LEXIS 12215, 44 Empl. Prac. Dec. (CCH) 37,387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/english-v-pabst-brewing-co-ca4-1987.