Marston v. AT & T Corp.

MEMORANDUM OPINION

SPENCER, District Judge.

This matter comes before the Court on Defendant AT & T’s Motion to Dismiss Plaintiffs claim for lack of subject matter jurisdiction under Rule 12(b)(1) and failure to state a claim under Rule 12(b)(6). For the reasons stated below, the Motion to Dismiss is DENIED.

I

On December 21, 2001, Lisa Marston filed a Charge of Discrimination with the EEOC claiming gender discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. On April 24, 2002, 124 days after Ms. Marston filed her charge, the EEOC issued a Notice of Right to Sue…