Clark v. Sears Roebuck & Co.

MEMORANDUM AND ORDER

JOYNER, District Judge.

The Defendant, Sears, Roebuck & Company has brought this civil rights action before the Court by filing a motion to dismiss both of Plaintiffs Title VII, 42 U.S.C. § 2000e-5 and Section 1981, 42 U.S.C. § 1981 claims. For the reasons which follow, the motion is denied.

I. HISTORY OF THE CASE

According to the allegations set forth in the complaint, the Plaintiff, Theodore Clark is “a black individual” who prior to August, 1991 had been “employed by Sears in Philadelphia for approximately twenty-four years as an at-will employee.” Beginning in 1987, Mr.…