Judge Frank Geraci
Goins’ pro se Title VII suit alleged Finger Lakes Services Group Inc. discriminated against him in retaliation for a prior action against a different company. In addition to arguing the court’s lack of jurisdiction due to his failure to timely file a discrimination charge with the EEOC, Finger Lakes sought dismissal of Goins’ complaint for failure to state a claim. Finding Goins’ EEOC claim untimely, the court dismissed suit for lack of subject matter jurisdiction. Goins’ response to Finger Lakes’ dismissal motion did not clarify contradictions in his complaint about when the alleged discriminatory acts occurred, and when he filed his EEOC charge. That response was identical to his March 25 EEOC charge, attached to his complaint, alleging that June 1, 2011, was the earliest date—and the last date—on which an allegedly discriminatory act occurred. Thus any alleged conduct prior to May 29, 2012—300 days before the EEOC charge’s filing—was time barred unless Goins could show a continuous policy and practice of discrimination, and an act in furtherance thereof within the 300-day period. The only discriminatory acts alleged in Goins’ complaint allegedly occurred on June 1, 2011—and in the 1990s—well outside the 300-day period.
