Joseph Mueller v. City of Los Angeles Fire Department

Joseph Mueller brought a Title VII action against the Los Angeles Fire Department claiming that he had been discharged because of his national origin in violation of 42 U.S.C. § 2000 , et seq., as amended. The District Court dismissed the action with prejudice because Mueller’s charge was not timely filed with the Equal Employment Opportunity Commission.

Mueller was discharged effective February 5, 1971, and the discrimination complained of, if any, occurred at that time. He did not file his complaint with the EEOC until July 6, 1972, approximately 18 months after he had been discharged. Title 42 U.S.C. § 2000e-5.(e) provides that before Title VII actions may be prosecuted in federal court the plaintiff must have filed a charge with the EEOC within 180 days after the occurrence of the unlawful employment practice or, if the plaintiff had initially instituted proceedings with an appropriate state agency, within 300 days after the occurrence.

Mueller argues that time did not begin to run when he was discharged on February 5, 1971, but on October 15, 1971, when the City of Los Angeles Civil Service Commission ruled that the discharge was justified. To adopt Mueller’s argument would…