Saeid B. Amini v. Oberlin College

259 F.3d 493, 2001 U.S. App. LEXIS 17135, 86 Fair Empl. Prac. Cas. (BNA) 625, 2001 WL 867422
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 2, 2001
Docket00-3550
StatusPublished
Cited by771 cases

This text of 259 F.3d 493 (Saeid B. Amini v. Oberlin College) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Saeid B. Amini v. Oberlin College, 259 F.3d 493, 2001 U.S. App. LEXIS 17135, 86 Fair Empl. Prac. Cas. (BNA) 625, 2001 WL 867422 (6th Cir. 2001).

Opinion

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Saeid Amini (“Ami-ni” or “plaintiff’) appeals the district *496 court’s dismissal of his Title VII and Age Discrimination in Employment Act (“ADEA”) claims as time-barred under the 300-day limitations period applicable to both claims, and the district court’s dismissal of his 42 U.S.C. § 1981 claim of race discrimination due to plaintiffs failure to allege sufficient facts showing that Obeiiin College (“Oberlin”) took into account his race in making its employment decision. We AFFIRM the district court’s decision dismissing plaintiffs Title VII and ADEA claims as time-barred, but REVERSE and REMAND the district court’s decision dismissing plaintiffs § 1981 claim of race discrimination.

I. BACKGROUND

Plaintiff, Saeid Amini, “is a 45 year old Iranian born Muslim male living in the United States lawfully since August 28, 1977.” Joint Appendix (“J.A.”) at tab 1, p. 2 (Compl.). According to his complaint, Amini earned his Ph.D. in Statistics from the University of Iowa, and has developed and taught more than ten different math and statistics courses for both undergraduate and graduate students. Amini has previously been employed at the National Center for Toxicological Research, the National Institute of Environmental Health, the Deborah Heart and Lung Center, and the Case Western Reserve University (“CWRU”) School of Medicine. Amini worked for ten years at CWRU School of Medicine, and for five years taught as an associate professor at the medical school. While at CWRU, the plaintiff earned a law degree at CWRU’s School of Law. Amini currently “is in private legal practice and teaches statistics part time in various colleges.” J.A. at tab 1, p. 3 (Compl).

In early October 1998, Amini applied for a tenure-track, four-year faculty position in Oberlin’s Department of Mathematics. On October 14, 1998, Amini received a letter from Jeffrey Witmer, Professor of Mathematics at Oberlin, acknowledging the receipt of Amini’s application. Oberlin had no further contact with Amini until he received a letter, dated January 12, 1999, from Witmer informing him that Oberlin had filled its mathematics faculty position. The letter stated, in part: “I regret to report that we have now filled our statistics position for next year. I am sorry that we could not pursue more energetically more of the excellent candidates who applied.” J.A. at tab 1, Ex. C (Witmer Letter, 1/12/99). The letter did not state whom Oberlin had hired to fill the position.

Following receipt of the letter, Amini made several attempts to learn whom Oberlin had hired. According to his complaint, Amini’s attempts consisted of regularly checking Oberlin’s web site to see if information on the new faculty member had been posted, as well as a personal visit to the campus and Oberlin’s Mathematics Department in March 1999. Amini claims that, as late as July 1999, Oberlin still had not posted the name of its new statistics professor on its web site. At no time in his complaint does Amini allege that he contacted anyone at Oberlin College in an attempt to learn whom Oberlin had hired for the faculty position.

On September 16, 1999, the plaintiff again visited Oberlin’s web site and this time discovered that Dr. Chris Andrews, an Oberlin graduate and white male under the age of forty, had been hired for the statistics position. According to Amini’s complaint, Andrews had only one year of teaching experience as compared with Am-ini’s fifteen years’ experience, and Andrews had published only two professional articles as compared with Amini’s more than seventy articles. Based on Andrews’s alleged inferior credentials, Amini believed that Oberlin’s decision not to hire him constituted discrimination on the basis *497 of “race, religion, age and country of origin.” J.A. at tab 1, p. 5 (Compl).

In late October 1999, Amini attempted on several occasions to schedule an appointment with the- Equal Employment Opportunity Commission (“EEOC”) so that he could file a charge against Oberlin. Amini did not file his charge with the EEOC until December 9,1999.

On January 14, 2000, the EEOC dismissed plaintiffs charge as untimely and then issued him a right to sue letter. On January 31, 2000, Amini filed a complaint against Oberlin, alleging that the college intentionally discriminated against him on the basis of race, national origin, and religion in violation of Title YII and 42 U.S.C. § 1981. Amini also alleged that Oberlin discriminated on the basis of age in violation of the ADEA. Thereafter, Oberlin filed a motion to dismiss Amini’s claims. Oberlin claimed that both Amini’s Title VII and ADEA claims were "filed beyond the 300-day time period given the plaintiff in which to file a charge with the EEOC. Oberlin moved to dismiss Amini’s § 1981 claim on the ground that the allegations in his complaint supported only a claim of national origin discrimination, a claim Oberlin contends is not cognizable under § 1981.

The district court granted Oberlin’s motion to dismiss. The court first noted that “[b]oth Title VII and the ADEA require potential litigants to file charges with the EEOC within 300 days of the alleged unlawful employment action[.]” J.A. at tab 5, p. 5 (Dist.Ct .Op.). Because more than 300 days had elapsed from the date of the letter notifying Amini that he was no longer being considered for the mathematics faculty position until he filed his discrimination charge with the EEOC (329 days elapsed in this time, according to Amini), and because the factors used to determine if equitable tolling relief is warranted did not weigh in plaintiffs favor, the court dismissed Amini’s Title VII and ADEA claims as time-barred.

The district court also agreed with Oberlin’s argument regarding Amini’s § 1981 claim. Noting that § 1981 deals with claims of racial discrimination, as opposed to discrimination on the basis of age, sex, and national origin, the court held that plaintiffs complaint did not adequately allege that Oberlin took into account his race, ancestry, or ethnic background in making its employment decision. Instead, according to , the district court, the only facts Amini stated in his complaint regarding this matter were the following: “Plaintiff is a 45 year old Iranian born Muslim male living in the United States lawfully since August 28, 1977.” J.A. at tab 1, p. 2 (Compl.). Citing to the Supreme Court’s decision in Saint Francis College v. Al-Khazraji, 481 U.S. 604, 107 S.Ct. 2022, 95 L.Ed.2d 582 (1987), the district court stated that, because Amini’s complaint did not “mention his race, ancestry, or ethnic background^]” Amini had not adequately alleged a claim of racial discrimination under § 1981. J.A. at tab 5, p. 8 (Dist.Ct.Op.). Amini’s appeal to this court followed.

II. ANALYSIS

A. Standard of Review

We review de novo a district court’s decision dismissing a complaint pursuant to Fed.R.Civ.P. 12(b)(6). Gregory v. Shelby County, Tenn.,

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259 F.3d 493, 2001 U.S. App. LEXIS 17135, 86 Fair Empl. Prac. Cas. (BNA) 625, 2001 WL 867422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saeid-b-amini-v-oberlin-college-ca6-2001.