practice. See 42 U.S.C. § 2000e-5(e)(1); 42 U.S.C. § 12117; 29 U.S.C. § 626(d). This exception allows a plaintiff to file a complaint with the E.E.O.C. within 300 days after the alleged discrimination occurred or within thirty days of receipt of notice from the State or local agency that it has terminated its proceedings, whichever is earlier. See 42 U.S.C. § 2000e-5(e)(1); 42 U.S.C. § 12117; 29 U.S.C. § 626(d).
Since Williams has identified the date of the Board's last alleged discriminatory conduct against her as having occurred on October 26, 1992, the Court must use this date as the point of reference from which to measure the timeliness of Williams's claims. Since Williams's claims were not filed with the E.E.O.C. until September 20, 1993, it is clear that Williams failed to file her complaint within the 180 days afforded her by the applicable statutes.
Furthermore, Williams cannot rely upon the exception referred to above, which applies where a discrimination complaint is filed with a State or local agency, because the O.C.R., with whom she filed her claim on July 23, 1993, is a federal and not a State or local agency. In view of these circumstances, the Court need not address whether or not the O.C.R. and the E.E.O.C. had a worksharing agreement and/or a memorandum of understanding, pursuant to which Williams's filing with the O.C.R. could be deemed a "simultaneous filing" with the E.E.O.C. See Ford v. Bernard Fineson Develop. Center, 81 F.3d 304, 308 (2d Cir. 1996). Since the O.C.R. is a federal agency and cannot be deemed a State or local agency within the meaning of the applicable 300 day extension statutes, see 42 U.S.C. § 2000e-5(1) ("State or local agency"); 29 U.S.C. § 633(b) ("State authority"), Williams was required to file her complaint with the O.C.R. within 180 days of her termination in order for her complaint to be timely filed. See 29 C.F.R. § 1691.6 (1997) (with respect to Title VII claim, date complaint received by O.C.R. shall be deemed date it was received by the E.E.O.C.); 29 C.F.R. § 1640.5 (with respect to ADA claim, charge deemed filed with the E.E.O.C. on the date it is first received by the O.C.R.). This she failed to do.
The fact that Williams filed a complaint with the N.Y.S.D.H.R. does not require a different result. That claim was filed 372 days after the Board's last alleged discriminatory act. This was more than 300 days after the last discriminatory act complained of, and thus outside of the time period permitted by the aforementioned exception, even assuming that the exception was applicable. Because Williams failed to initially institute proceedings with the appropriate State agency, see 42 U.S.C. § 2000e-5(e)(1); 42 U.S.C. § 12117; 29 U.S.C. § 626(d), her claims are time-barred.
Finally, Williams has presented no reason why the Court should equitably toll the limitations period with respect to her claims. See Miller v. International Tel. & Tel. Corp., 755 F.2d 20, 24 (2d Cir.), cert. denied 474 U.S. 851, 88 L. Ed. 2d 122, 106 S. Ct. 148 (1985); Ryan v. N.Y. State Thruway Authority, 889 F. Supp. 70, 78 (N.D.N.Y. 1995); Meckes v. Reynolds Metals Co., 604 F. Supp. 598, 605-606 (N.D. Ala. 1985) (citations omitted). No conduct of the Board is alleged to have delayed the filing of her claims. See Ryan, . 889 F. Supp. at 78. Therefore, there is no basis for equitable tolling.
For the reasons set forth above, the Board's motion for summary judgment is granted. The Clerk of Court shall enter judgment for the defendants and dismiss the above-captioned action with prejudice.
It is SO ORDERED.
DATED: New York, New York
August 20, 1997
John E. Sprizzo
United States District Judge