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Davis v. Lucent Technologies, Inc.

Discrimination and sexual harassment plaintiff's claims were fatally time-barred where discrimination claim was not timely presented to state commission and harassment suit was not filed within three-year limitations period.

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Richard G. Stearns, U.S. District Judge]

Lauren Davis appeals from a judgment of the district court dismissing her claims for sexual harassment and wrongful termination from her position at Lucent Technologies. The court determined that her discrimination claim was barred by the three- year statute of limitations under Massachusetts General Laws chapter 151B and that the termination claim was not timely filed with the Massachusetts Commission Against Discrimination (“MCAD”).

This case is procedurally odd because of the interaction between the exhaustion requirement for filing a charge of discrimination with the MCAD and the statute of limitations applicable to the filing of a charge of discrimination in the Massachusetts state court. As noted, Davis presented two claims, wrongful termination and sexual harassment, to the district court. However, the sexual harassment claim that was timely filed with the MCAD was not timely filed in state court, and the wrongful termination claim that was timely filed in state court was not timely filed with the MCAD. For the reasons that follow, these mistakes were fatal to Davis’s claims. We affirm the decision of the district court.

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