McNeal v. Ashcroft
Opinion of the Court
SUMMARY ORDER
In May 1999, plaintiff-appellant Burton R. McNeal, an employee of the Immigration and Naturalization Service (“INS”),
With regard to the grant of summary judgment as to McNeal’s Rehabilitation Act claims, Hawaii national origin discrimination claim, and age discrimination claims related to Hawaii personnel actions completed prior to May 1985, we affirm, for substantially the reasons given by the district court.
Second, the district court found that plaintiff did not timely exhaust his 1987 Hawaii age-discrimination claim. Plaintiff makes some arguments on the basis of which one could question that finding. But assuming arguendo that the claim was exhausted, we hold that the evidence is insufficient for a reasonable trier of fact to find for plaintiff on the merits on that claim. The district court’s grant of summary judgment was therefore appropriate with regard to that claim as well.
We have considered all of plaintiff’s claims and find them meritless. We therefore AFFIRM the judgment of the district court.
. On March 1, 2003, the INS ceased to exist as an independent agency, with many of its functions transferred to the Department of Homeland Security. See Homeland Security Act of 2002, Pub.L. No. 107-296, 116 Stat. 2135 (Nov. 25, 200). The INS is now called the Bureau of Citizenship and Immigration Services. For purposes of this order, however, it wül be referred to as the INS.
. We reject McNeal’s contention that the discrimination he faced was both continuing and systematic, thus amounting to a hostile work environment. The various Hawaii and Toronto job actions were precisely the sort of "discrete discriminatory act[s]” that "start[] a new clock” for purposes of filing an EEO complaint. Elmenayer v. ABF Freight System, 318 F.3d 130, 134 (2d Cir. 2003). See also National Passenger R.R. Corp. v. Morgan, 536 U.S. 101, 115, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002) ("Discrete acts such as termination, failure to promote, denial of transfer, or refusal to hire are easy to identify. Each incident of discrimination and each retaliatory adverse employment decision constitutes a separate actionable 'unlawful employment practice.' ”).
Reference
- Full Case Name
- Burton R. MCNEAL v. John ASHCROFT, Attorney General of the United States (Immigration and Naturalization Service, Agency)
- Status
- Published