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Uber v. Slippery Rock University of Pennsylvania of the State System of Higher Education11/23/2005
er contends that he was actively misled by the University in the October 5, 1998 letter from Mr. Gillespie that stated that his age discrimination claim was without merit because the employee that was hired was also over the age of forty years old. Uber argues, relying on the holding in O'Conner v. Consolidated Coin Caterers Corp., 517 U.S. 308 (1996), that this is a complete misstatement of the law, and that the University actively misled him concerning the legal merits of his case. However, as the University correctly points out, the October 5, 1998 letter from Mr. Gillespie, which Uber claims misled him, was not sent until after the 180-day limitation period had already run and, thus, could not have misled him. Therefore, this argument lacks merit.
Alternatively, Uber argues that he asserted his rights in a timely fashion, but in the wrong forum. He contends that he filed a complaint alleging age discrimination with Mr. Greer, Director of the University's Department of Social Equity, on March 26, 1998, which is well within the 180-day time limitation. He argues that he filed his complaint of age discrimination with the "wrong state organization" and, therefore, the doctrine of equitable tolling should apply.
The University contends that Pennsylvania courts have been strict in requiring parties claiming discrimination to file a timely complaint with the PHRC or thereafter be barred from seeking judicial review of the claims. See Vincent v. Fuller Co., 532 Pa. 547, 556, 616 A.2d 969, 974 (1992); Woodson v. Scott Paper Co., 109 F.3d 913, 925 (3rd Circ. 1997), cert. denied, 522 U.S. 914 (1997). Relying on Fye v. Central Transp., Inc., 487 Pa. 137, 409 A.2d 2 (1979), the University asserts that courts have respected the exclusive procedure the legislature has set up for resolving disputes and providing remedies for alleged violations of the PHRA. Thus, it argues that an employer's internal administrative proceeding is not sufficient to toll the statute of limitations for filing a PHRA complaint because it is not a means for filing a formal PHRA claim with the PHRC.
In Fye, the Supreme Court held that the election by a former employee to seek redress under the PHRA divested the court's jurisdiction in equity to entertain the complaint subsequently filed on a claim of unlawful discrimination based on sex, even though the former employee's file with the PHRC had been closed at her request. The plaintiff voluntarily terminated administrative proceedings in the PHRC in favor of proceeding in the Equal Opportunity Employment Commission. She then attempted to sue in court under the PHRA. The trial court dismissed the complaint and the Supreme Court affirmed. The Supreme Court stated that the "PHRA provides that when the statutory procedure is invoked it is exclusive" and then declined to accept the plaintiff's argument that the court should find substantial compliance with the PHRA, because "the role of the agency was carried out, albeit not by the designated agency but by the Equal Opportunity Employment Commission.." Fye, 487 Pa. at 141-42, 409 A.2d at 4-5. The Supreme Court stated that " f the General Assembly wished to permit the substitution of agencies in its legislative scheme, it could easily have provided for that result." Id., 487 Pa. at 142, 409 A.2d at 5.
In the case sub judice, Uber filed an internal grievance with the University's Department of Social Equity and did not timely file a claim under the PHRA with the PHRC. Absent any legal authority, this Court cannot find that the legislature intended that filing an internal complaint with an employer is a substitute for filing with the PHRC. Therefore, we affirm the trial court in granting partial summary judgment and
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