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POINDEXTER v. NORTHROP CORP.

January 17, 1990

REUBEN POINDEXTER, Plaintiff
v.
NORTHROP CORPORATION, a Delaware corporation, Defendant


Ilana Diamond Rovner, United States District Judge.


The opinion of the court was delivered by: ROVNER

ILANA DIAMOND ROVNER, UNITED STATES DISTRICT JUDGE.

 I. INTRODUCTION

 This case is an employment discrimination dispute between plaintiff Reuben Poindexter and defendant Northrop Corporation. In Count I, Poindexter seeks relief from Northrop's alleged violation of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq. ("ADEA"). In Count II, Poindexter alleges race discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"). Northrop moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) on the basis that Poindexter had not timely filed charges with the Equal Employment Opportunity Commission ("EEOC"). On August 11, 1989, the Court denied defendant's 12(b)(1) motion and converted the 12(b)(6) motion into a motion for summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons set forth below, Northrop's motion for summary judgment is denied.

 II. FACTS

 Poindexter, a black male who was 42 years old at the time, applied to Northrop on January 16, 1987, for the positions of Technician/Drafter and Inspector/Assembler. On January 20, 1987, Northrop sent Poindexter a letter which stated:

 
Thank you for your recent inquiry regarding employment opportunities with Northrop Defense Systems Division.
 
Your qualifications have been reviewed by our staff and we find that we do not have a suitable position available to best utilize your talents at this time.
 
We will retain information regarding your qualifications in our active files for one year. Should a position become available which would seem to suit your background and capabilities, we will contact you.
 
Thank you for your interest in Northrop Defense Systems Division.

 In July, 1987, Poindexter allegedly called Northrop's employment office and was told that he did not need to reapply because his application was still in the active file.

 On April 20, 1988, Poindexter filed a charge with the EEOC alleging age and race discrimination. On November 18, 1988, the EEOC issued a determination as to the merits of Poindexter's claims. At that time, Poindexter also received notice of his right to sue in federal court. Poindexter filed this lawsuit on February 28, 1989. Northrop moved to dismiss, arguing that Poindexter's EEOC charge was untimely, having been filed more than 300 days after January 20, 1987. Poindexter responded that the charge was timely because the discrimination occurred on January 20, 1988, rather than January 20, 1987.

 III. ...


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