Joseph R. Ricciardi v. CONSOLIDATED RAIL CORPORATION On Appeal from the United States District Court for…

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 00-3678
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JOSEPH R. RICCIARDI,
Appellant
v.
CONSOLIDATED RAIL CORPORATION
_______________________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
D.C. Civil Action No. 98-cv-03420
(Honorable Norma L. Shapiro)
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Submitted Pursuant to Third Circuit LAR 34.1(a)
December 13, 2001
Before: SCIRICA and BARRY, Circuit Judges, and MUNLEY, District Judge*
(Filed January 16, 2002)
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OPINION OF THE COURT
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*Honorable James M. Munley, United States District Judge for the Middle District of
Pennsylvania, sitting by designation.
PER CURIAM.
This is an appeal of the District Court’s grant of summary judgment in favor of
Consolidated Rail on the claim that plaintiff Joseph Ricciardi was terminated in violation
of the Americans with Disabilities Act, 42 U.S.C. 12111 et seq. Ricciardi contends the
District Court erred in not applying the equitable tolling doctrine to the late filing of his
EEOC charge and in finding that he was not a qualified individual with a disability.
Our review of a grant of summary judgment is plenary. In order to sustain a
claim, ADA plaintiffs must file an EEOC charge within 300 days of the alleged improper
employment practice. Here, plaintiff filed an EEOC charge on March 23, 1998, more
than 300 days after he was terminated on July 23, 1996. We agree with the District
Court that "[t]here is no evidence of Ricciardi’s timely filing a charge (rather than an
intake questionnaire) with the EEOC, of an extraordinary circumstance preventing him
from timely filing a charge with the EEOC, or of due diligence on his part. Nor are there
present other factors mandating the application of equitable tolling." (District Court
September 29, 2000 Opinion at 11). Accordingly, defendant’s motion for summary
judgment was properly granted on the grounds that Ricciardi failed to file a timely
charge.

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For these reasons, we will affirm the District Court’s grant of summary judgment.
TO THE CLERK:
Please file the foregoing opinion.

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