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CLIMMONS JONES, JR.,
Plaintiff-Appellant,
v.
FEDERAL EXPRESS CORPORATION,
Defendant-Appellee. |
No. 19-5073 |
Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 2:18-cv-02526—Jon Phipps McCalla, District Judge.
Argued: January 31, 2020
Decided and Filed: March 12, 2020
Before: SUTTON, BUSH, and READLER, Circuit Judges.
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OPINION
_________________________
JOHN K. BUSH, Circuit Judge. Climmons Jones, Jr. filed a Title VII race-discrimination
charge with the Equal Employment Opportunity Commission (EEOC) against Federal Express
Corporation (FedEx) 252 days after FedEx terminated his employment. The EEOC then issued
Jones a right-to-sue letter, and he sued FedEx in the United States District Court for the Western
District of Tennessee. The district court granted FedEx’s motion to dismiss, holding that Jones’s
suit was untimely because he filed his charge outside the 180-day time frame generally required
for filing with the EEOC under section 706(e)(1) of the Civil Rights Act, 42 U.S.C. § 2000e5(e)(1). We hold that Jones timely filed his charge because EEOC v. Commercial Office
Products Company, 486 U.S. 107 (1988), requires this result. We also excuse Jones, a pro se
litigant, for not arguing before the district court the particular grounds on which we rest our
holding, because the resolution we reach is beyond doubt in light of Commercial Office Products
and other relevant legal authority. And injustice would result if we did not address Jones’s
argument on appeal, given the circumstances of his case, including that he is a pro se litigant and
he allegedly relied on advice given by the EEOC that the 300-day filing period would apply. We
therefore REVERSE and REMAND for further proceedings. |
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JASON SMALL,
Plaintiff-Appellant,
v.
MEMPHIS LIGHT, GAS AND WATER,
Defendant-Appellee. |
No. 19-5710 |
Appeal from the United States District Court
or the Western District of Tennessee at Memphis.
No. 2:17-cv-02118—Sheryl H. Lipman, District Judge.
Decided and Filed: March 12, 2020
Before: DAUGHTREY, KETHLEDGE, and THAPAR, Circuit Judges.
_________________________
OPINION
_________________________
PER CURIAM. Jason Small claims that his employer, Memphis Light, Gas and Water,
violated federal disability and civil-rights law when it reassigned him to a new position. The
district court rejected his claims as well as his motion to enforce an alleged settlement
agreement. We affirm. |
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