Genao v. City of New York Department of Parks & Recreation
Genao v. City of New York Department of Parks & Recreation
Opinion of the Court
SUMMARY ORDER
Petitioner Raphael Genao (“Genao”), proceeding pro se, appeals the district court’s dismissal of his complaint, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging discrimination on account of his race, religion, national origin, as well as retaliation by the City of New York Department of Parks and Recreation (“Defendant-Appellee”). Pursuant to Federal Rule of Civil Procedure 12(b)(6), the district court granted the motion to dismiss as to all claims on May 27, 2005. We assume the parties’ familiarity with the facts, the procedural history, and the issues on appeal.
Before this court, Genao raises only his claim that Defendant-Appellee failed to contact him in March 2003 for seasonal employment. The conduct Genao complains of occurred more than 300 days prior to the filing of a complaint with the EEOC. As such, Genao’s claim is time-barred. See 42 U.S.C. § 2000e-5(e)(1); see also Zerilli-Edelglass v. N.Y. City Transit Auth., 333 F.3d 74, 76 (2d Cir. 2003). Genao contends that he only learned that Defendant-Appellee had been capable in March 2003 of contacting him by mail when he received a -written invitation to return to work in 2004, but even if
Accordingly, for substantially the reasons given by the court below, the judgment of the district court is AFFIRMED.
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