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GORDON v. BAKER PROTECTIVE SERVICES
May 18, 1973
ROBERT L. GORDON, PLAINTIFF,
BAKER PROTECTIVE SERVICES, INC., D/B/A WELLS FARGO SECURITY GUARD, INC., DEFENDANT
The opinion of the court was delivered by: Bauer, District Judge.
MEMORANDUM OPINION AND ORDER
This cause comes on the defendant's motion to dismiss the
complaint for lack of subject matter jurisdiction. This is an
action to redress alleged deprivation of the plaintiff's civil
rights to equal employment opportunities pursuant to the Civil
Rights Act of 1964, 42 U.S.C. § 2000e et seq. This Court is
alleged to have jurisdiction over the instant action pursuant
to Section 706(f) of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(f)
and 28 U.S.C. § 1331(a), and § 1343(3).
The plaintiff is a citizen of the United States, a resident
of Chicago, Illinois, and employed by the defendant Baker
Protective Service, Inc., d/b/a Wells Fargo Security Guard,
Inc. ("Wells Fargo"). Wells Fargo is an employer within the
jurisdiction and meaning of § 701 of the Civil Rights Act of
1964, 42 U.S.C. § 2000e(b).
The plaintiff, in his Second Amended Complaint, alleges the
following facts, inter alia:
1. That beginning in December of 1969, plaintiff
was denied the right of promotion, in spite
of his seniority; that on or about September
22, 1970, plaintiff was subjected to demotion
after his continuous complaints concerning
the discriminatory denial of promotion; and
in February, 1971, the plaintiff was
involuntarily transferred to a lower position
by the party defendants, all due to his race
2. This continuous pattern of discrimination
still continues to effect the plaintiff and
constitutes a denial of his right to equal
job opportunities and use of his seniority
3. Since December, 1969, and until the present
date, the plaintiff has continuously been
subjected to harassment, condemnation and
illegal suspensions due to his race and color
by the party defendants.
4. That on June 7, 1971 charges were filed by
the plaintiff with the Equal Employment
Opportunity Commission (EEOC) regarding the
alleged discriminatory conduct of September
22, 1970 describing it as continuous.
5. On May 16, 1972, the EEOC issued to plaintiff
a "Notice of Right to Sue" letter, a copy of
which was attached to the original Complaint.
The plaintiff seeks relief pursuant to the provisions of
42 U.S.C. § 2000e-5(g).
The defendant Wells Fargo in support of its motion to
1. The plaintiff's Complaint alleges three
specific acts of purported discrimination
occurring in December 1969, on September 22,
1970, and in February, 1971.
2. Plaintiff does not allege that he invoked the
appropriate administrative remedy within the
required time period following any of the
purported acts of discrimination.
3. Invoking the appropriate administrative
remedy following an alleged act of
discrimination is a jurisdictional
prerequisite to the maintenance of a civil
rights action under 42 U.S.C. § 2000e-5(f).
4. The plaintiff's failure to invoke such remedy
deprives this Court of jurisdiction under
Title VII of the 1964 Civil Rights Act with
respect to each of the alleged discriminatory
acts, which are the only ...
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