Linder v. Litton Systems, Inc. Amecom Division

81 F.R.D. 14, 19 Fair Empl. Prac. Cas. (BNA) 842, 1978 U.S. Dist. LEXIS 14181, 20 Empl. Prac. Dec. (CCH) 30,070
CourtDistrict Court, D. Maryland
DecidedNovember 24, 1978
DocketCiv. No. B-75-1233
StatusPublished
Cited by14 cases

This text of 81 F.R.D. 14 (Linder v. Litton Systems, Inc. Amecom Division) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Linder v. Litton Systems, Inc. Amecom Division, 81 F.R.D. 14, 19 Fair Empl. Prac. Cas. (BNA) 842, 1978 U.S. Dist. LEXIS 14181, 20 Empl. Prac. Dec. (CCH) 30,070 (D. Md. 1978).

Opinion

MEMORANDUM AND ORDER

BLAIR, District Judge.

The named plaintiff in this employment discrimination case, Bobby M. Linder, seeks to bring an action on behalf of a class of all black persons who have been, are, or will be adversely affected by defendant Litton Systems’ allegedly unlawful employment practices. These policies and practices are alleged to include recruitment, hiring, educational requirements, promotions, terminations, seniority, rating, testing, assignment, and harassment of black employees who assert their constitutional and statutory rights. In short, plaintiff has launched an across-the-board attack against Litton. The defendant has moved to dismiss on several grounds.

This court has dismissed all claims asserted under 42 U.S.C. § 1983, § 1985, the Thirteenth Amendment and the Fourteenth Amendment. Order of this court dated October 3,1978. The complaint is thus limited to claims arising under Title VII of the Civil Rights Act of 1964,42 U.S.C. §§ 2000e et seq. and under 42 U.S.C. § 1981. This court held a hearing at which the parties addressed the following issues:

I. whether the complaint is sufficient to state a claim under Federal Rule of Civil Procedure 8(a);
II. whether the action under 42 U.S.C. § 1981 is barred by Maryland’s statute of limitations;
III. whether the named plaintiff filed a timely charge with the EEOC in order to bring this action under the jurisdiction of this court under 42 U.S.C. § 2000e-5; and
IV. whether the named plaintiff is adequate to represent the class.

The court will address the issues seriatim.

I. Sufficiency of the complaint.

The defendant has moved to dismiss the complaint on the ground that the allegations contained therein are conclusory and assert no facts sufficient to state a claim on which relief may be granted.

The complaint properly invokes jurisdiction and alleges, with respect to named plaintiff Linder, in sum, that he was discriminatorily laid off because of his race on November 6,1970, that he filed a charge of employment discrimination, that defendant failed to recall him, and that he seeks, among other forms of relief, back pay to compensate him for the allegedly discriminatory layoff. This court finds the complaint in this case sufficient to put the defendant on notice of the nature of the [17]*17named plaintiff’s claim and the grounds upon which it rests. No more is required under Fed.R.Civ.P. 8(a). Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), see also United States v. Gustin-Bacon Division, Certain-Teed Products Corp., 426 F.2d 539, 542 (10th Cir. 1970), cert, denied, 400 U.S. 832, 91 S.Ct. 63, 27 L.Ed.2d 63 (1970). The fundamental rights and important questions of public policy involved in discrimination cases militate against dismissal of a complaint unless it is clearly frivolous or fails to state a claim for relief. 5 Wright & Miller, Federal Practice and Procedure, Civil § 1230 at 174 (1969).

It is unnecessary to reach the question whether the allegations in the complaint are sufficient to support a claim for class-wide relief since this court has determined that this action may not properly proceed as a class action. See Part IV infra. Accordingly, defendant’s motion to dismiss Lin-der’s individual complaint for failure to state a claim will be denied.

II. The statute of limitations under 42 U.S.C. § 1981.

The defendant has moved this court to dismiss plaintiff’s claim under 42 U.S.C. § 1981 on the ground that no cause of action is asserted which falls within the limitations period. It is by now well-settled that the appropriate state law ordinarily provides the applicable statute of limitations for an action brought under 42 U.S.C. § 1981. Johnson v. Railway Express Agency, Inc., 421 U.S. 454, 462, 95 S.Ct. 1716, 44 L.Ed.2d 295 (1975). The parties do not dispute that the appropriate Maryland statute is the three-year limitation applied to civil actions generally, Annotated Code of Maryland, Courts and Judicial Proceedings § 5-101. See Williams v. Norfolk and Western Ry. Co., 530 F.2d 539, 541 (4th Cir. 1975); Harper v. Mayor & City Council of Baltimore, 359 F.Supp. 1187, 1195-96 n.12 (D.Md.1973), modified in other respects sub nom. Harper v. Kloster, 486 F.2d 1134 (4th Cir. 1973) (applying Maryland’s former three-year statute of limitations for actions based upon Maryland Declaration of Rights to a federal action brought under 42 U.S.C. § 1983).

This action was filed on September 5, 1975. Therefore, the answer to the question whether the plaintiff can state a claim under § 1981 depends on whether the plaintiff was the victim of any racial discrimination perpetrated by the defendant on or after September 5, 1972. Plaintiff asserts that the discriminatory acts in his individual case were his November 6, 1970 layoff and the subsequent continuing failure of the defendant to recall him. The continuing nature of the failure to recall, he asserts, is sufficient to bring this action within the limitations period.

In assessing continuing discrimination under Title VII, the Supreme Court has stated that “the critical question is whether any present violation exists,” United Air Lines, Inc. v. Evans, 431 U.S. 553, 558, 97 S.Ct. 1885, 1889, 52 L.Ed.2d 571 (1977) (emphasis in original), not whether a past occurrence continues to affect the plaintiff. This standard would appear to apply equally to a claim of continuing discrimination under § 1981. Therefore, if plaintiff wishes to avoid the bar of Maryland’s three-year statute of limitations, he must allege some “present violation” on or after September 5, 1972.

Plaintiff relies on Cox v. United States Gypsum Co., 409 F.2d 289, 290-91 (7th Cir.

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81 F.R.D. 14, 19 Fair Empl. Prac. Cas. (BNA) 842, 1978 U.S. Dist. LEXIS 14181, 20 Empl. Prac. Dec. (CCH) 30,070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linder-v-litton-systems-inc-amecom-division-mdd-1978.