Amaral v. RI Hospital Trust ( 1994 )

USCA1 Opinion

        October 25, 1994        [NOT FOR PUBLICATION]


                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT
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        No. 94-1805

                                  EDUARDA C. AMARAL,

                                Plaintiff, Appellant,

                                          v.

                         RHODE ISLAND HOSPITAL TRUST, ET AL.,

                                Defendants, Appellees.


                                 ____________________

                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                           FOR THE DISTRICT OF RHODE ISLAND


                [Hon. Raymond J. Pettine, Senior U.S. District Judge]
                                          __________________________

                                 ____________________

                                        Before

                                  Cyr, Circuit Judge,
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                            Bownes, Senior Circuit Judge,
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                              and Stahl, Circuit Judge.
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                                 ____________________

            Eduarda C. Amaral on brief pro se.
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            Joseph V. Cavanagh, Jr., Michael  DiBiase, Karen A. Pelczarski and
            _______________________  ________________  ___________________
        Blish & Cavanagh on brief for appellees.
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                 Per  Curiam.   Appellant Eduarda  C. Amaral  appeals the
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            entry of summary judgment by the United States District Court

            for the District of Rhode Island in favor of appellees, Rhode

            Island Trust  National Bank and Christopher  Brodeur.  Amaral

            claims to have suffered  discrimination in violation of Title

            VII of the Civil Rights Act of 1964, 42 U.S.C.    2000e.  The

            court  dismissed the  action  on the  ground that  Amaral had

            failed to file  a timely discrimination charge with the Equal

            Employment Opportunity Commission  [EEOC].  We have  reviewed

            the record in this case, as well as  the parties' briefs, and

            we affirm essentially  on the  same grounds  as those  relied

            upon by the district court.  

                 In a  "deferral state" like  Rhode Island, see  Paulo v.
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            Cooley,  Inc.,  686  F.  Supp.  377,  382  (D.R.I.  1988),  a
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            plaintiff alleging  discrimination in violation of  Title VII

            must file  an administrative  complaint with the  EEOC within

            240 days of the challenged conduct.  Mack v. Great Atlantic &
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            Pacific Tea Co.,  871 F.2d  179, 181  (1st Cir.  1989).   The
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            evidence in the instant case is uncontested that Amaral filed

            a  sworn complaint with the EEOC, see 42 U.S.C.   2000e-5(b);
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            29 C.F.R.    1601.9 (charge of discrimination must  be signed

            and verified under  oath), only on September  25, 1992, which

            was  291 days  after the  most recent  alleged discriminatory

            conduct.  

                 Moreover, Amaral  has not presented  sufficient evidence

            to  entitle  her  to  equitable tolling  of  the  limitations



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            period. See  Mack, 871 F.2d  at 185 (this court  "hew[s] to a
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            'narrow  view'   of   equitable  exceptions   to  Title   VII

            limitations periods").  

                 Affirmed.
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