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CARTER v. COUNTY OF ALLEGHENY

October 9, 1980

Harry CARTER, Plaintiff,
v.
COUNTY OF ALLEGHENY, its Commissioners, James Flaherty, Robert Pierce and Thomas Foerster, and their designees, Defendants



The opinion of the court was delivered by: SIMMONS

PRELIMINARY STATEMENT, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

Preliminary Statement

 This is an action for backpay, damages and other legal and equitable relief for alleged deprivation of civil rights by discrimination because of race in violation of Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000e et seq., (hereinafter Title VII), Section One of the Rights Act of 1866, presently codified at 42 U.S.C. § 1981, (hereinafter § 1981), and the Fifth and Fourteenth Amendments to the United States Constitution. Although the procedural history of this case, beginning with the plaintiff's initial filing of a charge February 10, 1976, with the Equal Employment Opportunity Commission (hereinafter EEOC), reveals a multitude of alleged discriminatory acts, the plaintiff at the trial of this case offered evidence of three possible bases of recovery.

 First, that the defendant discriminated against the plaintiff by failing to transfer the plaintiff to the position of driver in the transportation division of the Allegheny County Department of Property and Supplies.

 Second, that the defendant, in retaliation for plaintiff's filing of a charge of employment discrimination with the EEOC, harrassed the plaintiff by changing his job assignment and by issuing groundless reprimands to the plaintiff.

 The defendant has countered that the plaintiff has not complied with Title VII and that there has been no violation of any statutory or constitutional provision.

 Findings of Fact

 1. The plaintiff filed a charge with the EEOC on February 10, 1976, alleging that the defendant has failed to promote or transfer the plaintiff into positions for which he was qualified and into which white employees with less qualifications than the plaintiff had been promoted and transferred.

 2. The above captioned case was filed in this Court on September 29, 1977.

 3. Plaintiff filed a second charge with the EEOC on April 14, 1976, alleging retaliatory acts by the defendant as reprisals for the initial charge. This charge was dismissed by the EEOC without a finding of probable cause and the plaintiff was sent a "right to sue" letter on July 2, 1976. Because this above captioned action was filed more than ninety days after plaintiff's receipt of this "right to sue" letter, that charge is no longer part of plaintiff's claim in this action.

 4. EEOC sent notice of plaintiff's "right to sue" letter dated June 28, 1977, to plaintiff in care of his then lawyer, Michael L. Snyder, Esq., of Kaufmann and Harris, 624 Oliver Building, Pittsburgh, Pennsylvania 15222, and said letter was received by said attorney on June 30, 1977.

 5. Plaintiff did not file this action until September 29, 1977, more than ninety (90) days after the Justice Department sent plaintiff notice of his right to sue under Title VII based upon plaintiff's February 10, 1976, charge filed with the Equal Employment Opportunity Commission.

 7. The defendant, Allegheny County, has not employed any new drivers in the Department of Property ...


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