Fundukian
Fundukian v. United Blood Services
Opinion
Lead Opinion
MEMORANDUM **
Susan Fundukian (“Fundukian”) appeals pro se from the district court’s dismissal for lack of jurisdiction of her claim for unlawful discrimination and from the district court’s summary judgment in her claim for retaliatory discharge, both brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. She also appeals from the denial of her motion to compel discovery. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
I. Discrimination Claims
In her complaint, Fundukian claims that her former employer, United Blood Services (“UBS”), discriminated against her because of her sex, race, and age. The district court dismissed these claims for lack of subject matter jurisdiction because it found that she failed to exhaust her administrative remedies. Fundukian argues that she sufficiently raised these claims in her Equal Employment Opportunity Commission (“EEOC”) charge and in her subsequent request for review.
We review a district court’s conclusion that it lacks subject matter jurisdiction de novo, and we review the findings of fact relevant to that conclusion for clear error. United States ex rel. Newsham v. Lockheed Missiles &…
Concurring Opinion
Ferguson, J.
concurring.
I concur in the decision of the court, but write separately to set forth facts which makes the decision clearly understood.
On September 30, 1991, United Blood Service a not-for-profit organization that provides volunteer blood services and *578 blood products to hospitals, hired Fundu-Idan as a Senior Community Representative in its Chicago, Illinois division. Fun-dukian’s primary responsibilities were to establish bone marrow drives in minority communities and to recruit minority bone marrow donors. Fundukian is Caucasian.
During her three months of employment with UBS, Fundukian’s supervisor documented at least ten incidents of unsatisfactory work performance, including instances of tardiness, inappropriate comments during meetings with members of the community, failure to promptly send correspondence, failure to complete follow-up correspondence, failure to organize a meeting, and failure to show up as required at a bone marrow drive. Additionally, during her three months at UBS, Fundukian recruited thirty-two bone marrow donors. In comparison, her replacement recruited approximately 736 donors in his first six months.