Donald R. CLEVELAND, Plaintiff-Appellant, v. DOUGLAS AIRCRAFT COMPANY, AKA McDonnell-Douglas Corporation, a Corporation, Defendant-Appellee
Opinion
Opinion
Cleveland appeals the order of the district court dismissing his complaint brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(e). Cleveland claimed that he was terminated by Douglas Aircraft Company (Douglas) for racial motives. The district court dismissed the action because it concluded that Cleveland had failed to comply with 42 U.S.C. § 2000e-5(e) since he filed the action more than 30 days after first receiving notice from the Equal Employment Opportunity Commission (EEOC) of his right to sue. The court judged this requirement to be jurisdictional and we agree.
Cleveland was hired as a janitor by Douglas in July 1966. On September 5, 1967, he was transferred from his job in the “clean room,” an electronic assembly area with high maintenance standards, to the “mop crew.” Cleveland claimed that he was transferred because his supervisor objected to his conversations with a female white employee. On September 8, 1967, he was transferred again, this time to clean restrooms. Cleveland performed below the company’s expectations in this job, and after two written warnings he was terminated on September 18, 1967, for poor performance.