Dumas v. Proctor & Gamble, No. 11-3280 (10th Cir. 2011)
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Pro se Plaintiff-Appellant Richard Dumas appealed the dismissal of his workplace discrimination suit against Proctor and Gamble (P&G). Plaintiff was employed as a contractor assigned to work at P&G's Kansas City manufacturing plant in 2005. Between 2005 and 2007, Plaintiff alleged he was subjected to discrimination in the workplace including the use of racial epithets, misuse of company disciplinary proceedings, and an incident in which a chair was pulled away as Dumas was attempting to sit on it. Dumas resigned in November of 2007. In 2011, he filed a charge with the Equal Employment Opportunity Commission (EEOC) alleging discrimination. The EEOC closed the claim as untimely. Plaintiff then filed a complaint in district court against P&G, and P&G moved to dismiss, alleging Plaintiff failed to timely exhaust his administrative remedies. Plaintiff responded that he was given bad advice by an unnamed EEOC agent. The district court concluded that Dumas failed to meet the narrow requirements for equitable tolling and dismissed the claim. Finding that Plaintiff failed to carry his burden of establishing that an EEOC agent actually misled him, and insufficiently present his state law claims, the Tenth Circuit affirmed the district court's judgement in dismissing Plaintiff's case.
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