Lynette McCorkle-Turner v. Charlotte Mecklenburg School System

Summary

The United States District Court for the Western District of North Carolina granted the defendant’s motion to dismiss federal race- and age-discrimination and retaliation claims as untimely under the applicable 90-day filing requirement following an EEOC right-to-sue notice. The court declined to exercise supplemental jurisdiction over the state-law claims, dismissed them without prejudice, and directed the Clerk to close the case.

Holdings

1. Claims subject to the EEOC right-to-sue notice must be filed in federal court within 90 days after receipt of the notice; because Plaintiff filed more than one year after the deadline, her federal claims were untimely and had to be dismissed.
2. After dismissal of all viable federal claims, the court may decline to exercise supplemental jurisdiction over the remaining state-law claims; the court therefore declined jurisdiction and dismissed those claims without prejudice.

Questions Presented

1. Whether Plaintiff's federal employment-discrimination and retaliation claims were untimely because she failed to file suit within 90 days after receiving the EEOC right-to-sue letter.
2. Whether the court should exercise supplemental jurisdiction over Plaintiff's remaining North Carolina state-law claims after dismissing the federal claims.

Disposition

dismissed