Larken Alexander v. UAW, No. 13-3526 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil case - Title VII. No error in dismissing this Title VII action as untimely based on plaintiff's failure to file a timely discrimination charge with the EEOC.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3526 ___________________________ Larken Alexander, lllllllllllllllllllll Plaintiff - Appellant, v. UAW, lllllllllllllllllllll Defendant - Appellee. ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: July 7, 2014 Filed: July 14, 2014 [Unpublished] ____________ Before BYE, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM. Larken Alexander appeals the district court s1 dismissal of his complaint asserting discrimination claims under Title VII of the Civil Rights Act of 1964 (Title 1 The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri. VII) against his former union, United Auto Workers (UAW). Upon de novo review, we conclude that the district court did not err in granting UAW s motion to dismiss Alexander s complaint, based on his failure to file a timely discrimination charge with the Equal Employment Opportunity Commission (EEOC). See 42 U.S.C. ยง 2000e5(e)(1) (under Title VII, EEOC charge must be filed within 180 days of when alleged unlawful employment practice occurred; 300-day filing period applies if person initially instituted state or local agency proceedings); Nat l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 109-110 (2002) (timely EEOC charge is mandatory). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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