Plaintiff Willie Thomas Curry, Jr. sued defendant Bi-State Development in the United States District Court for the Eastern District of Missouri raising claims of race, color, and gender discrimination under Title VII of the Civil Rights Act of 1964. Before the court was Defendant Bi-State Development’s motion for summary judgment.
Statement of Undisputed Facts
Curry, an African-American male, worked at Bi-State Development since May 2020. During an overnight shift on February 16-17, 2022, Curry had a verbal altercation with fellow employee Brendan Rayburn, who twice directed the word “boy” toward Curry in a derogatory manner. No other derogatory or racial epithets were used, and Rayburn held no supervisory role over Curry. Curry reported the incident to his supervisor and filed a complaint with Bi-State’s EEO department on February 28, 2022. During the investigation, Rayburn admitted using the word “boy” and acknowledged fault. The EEO concluded Rayburn engaged in the alleged conduct and disciplined him. On December 14, 2022, Bi-State’s EEO director informed Curry of the investigation outcome, and on December 15, 2022, provided him with a complaint closure letter. Curry filed his EEOC charge on December 30, 2022.
Legal Analysis
Timeliness of EEOC Filing: The court explained that timely filing a charge of discrimination with the EEOC is a precondition to suit under Title VII. In Missouri, a complainant must file within 300 days after the alleged unlawful employment practice occurred. Because the incident occurred during the overnight shift of February 16-17, 2022, Curry needed to file his EEOC charge by December 14, 2022. However, he did not file until December 30, 2022. The court determined that discrete discriminatory acts are not actionable if time-barred.
The court granted summary judgment to Bi-State Development because Curry failed to timely file his EEOC charge within the required 300-day period.
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