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GORDON v. BAKER PROTECTIVE SERVICES

May 18, 1973

ROBERT L. GORDON, PLAINTIFF,
v.
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
      and color.
  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
      and abilities.
  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 dismiss contends:

  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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