Mattye Faye FAULKNER, Appellant, v. FEDERATION OF PRESCHOOL AND COMMUNITY EDUCATION CENTERS, INC., Appellee

Mattye Faulkner alleges that she was discriminatorily discharged by defendant Federation of Preschool and Community Education Center, Inc., on March 10, 1971, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. The district court granted the Federation’s motion for summary judgment from which Faulkner appeals. We affirm.

Faulkner argues that (1) subject matter jurisdiction should not be resolved by a motion for summary judgment; (2) affidavits and supporting documents did not meet the requirements of Rule 56(e); (3) the Federation was not an “educational institution” and her work was not “connected with” the activities of the Federation within the meaning of § 703 of the Act, 42 U.S.C. § 2000e-2; (4) the alleged discriminatory act took place after March 24, 1972, the effective date of the 1972 Amendments eliminating the educational institution exemption to Title VII coverage.

The district court had subject matter jurisdiction of this case under 42 U.S.C. § 2000e-5(f)(3). A motion to dismiss for failure to state a claim upon which relief can be granted may be treated as one for summary judgment and disposed of as provided in Rule 56.…