Chavez

ORDER DISMISSING COMPLAINT WITH PREJUDICE

On June 17, 1997, pro se Plaintiff Anselmo Chavez (“Chavez”) initiated this action against Defendant Lockheed Martin Missiles & Space Co. (“Lockheed”) alleging discrimination, retaliation, and intentional infliction of emotional distress. Defendant has moved the Court to dismiss the action for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6).

BACKGROUND

Chavez is a 65 year-old Hispanic-American male who claims to suffer from a disability. He was hired by Lockheed on August 26, 1986. Chavez was retained as a production planner, which required him to prepare written manufacturing plans for assembly line workers.

During and after the course of his employment with Lockheed Chavez initiated numerous legal proceedings against it. On April 14, 1988, Chavez filed an administrative charge with the Equal Employment Opportunity Commission (“EEOC”) claiming that Lockheed failed to promote him to a supervisory position because of his national origin and his age in violation of Title VII and the Age Discrimination in Employment Act (“ADEA”). The EEOC issued Chavez a right-to-sue letter…