Opinion
CASE NO. CV408-197.
January 20, 2009
ORDER
Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 7), to which objections have been filed (Doc. 9). After careful consideration, the Court ADOPTS the Magistrate Judge's Report and Recommendation and DISMISSES Plaintiff's Complaint without prejudice. The Clerk of Court is DIRECTED to close this case.
Plaintiff's Motion for Extension of Time is DISMISSED AS MOOT. (Doc. 6.)
Prior to bringing a claim of employment discrimination under Title VII, a plaintiff is required to exhaust available administrative remedies. See Wilkerson v. Grinnell Corp., 270 F.3d 1314, 1317 (11th Cir. 2001). Generally, as an initial step, the aggrieved employee must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) and receive a right-to-sue letter. See id., Alexander v. Fulton County, 207 F.3d 1303, 1332 (11th Cir. 2000); see also 42 U.S.C. § 2000e-5(e) (requiring that charge be filed within 180 days of the alleged unlawful employment practice). The receipt of the right-to-sue letter is not a jurisdictional requirement, but rather a statutory prerequisite subject to equitable defenses. See Zipes v. Trans World Airlines, Inc, 455 U.S. 385, 393 (1982) (holding that prerequisite of obtaining a right-to-sue letter subject to waiver, estoppel, and equitable tolling), Forehand v. Fla. State Hosp. at Chattahoochee, 89 F.3d 1562, 1569 (11th Cir. 1996) ("[R]eceipt of a right-to-sue letter is not a jurisdictional prerequisite to suit, but rather, is a statutory precondition which is subject to equitable modification."). However, the failure to file a claim with the EEOC may bar a plaintiff from bringing suit. See Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147, 152 n. 6 (1984), Hines v. Widnall, 334 F.3d 1253, 1257 (11th Cir. 2003), Grier v. Sec'y of the Army, 799 F.2d 721, 724 (11th Cir. 1986).
Reviewing Plaintiff's claim, the Court finds that Plaintiff has not received a right-to-sue letter from the EEOC. While the Court is aware that Plaintiff has filed his charge with the EEOC, that investigation is currently ongoing. The Court finds no reason to exercise its equitable powers to stay the case pending receipt of a right-to-sue letter by Plaintiff. Should Plaintiff receive such a letter, he may refile his case at that time. Accordingly, Plaintiff's Complaint is DISMISSED without prejudice. The Clerk of Court is DIRECTED to close this case.
SO ORDERED.