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Plaintiff-appellant Lucille Qualls Woods appeals from a summary judgment entered on January 23, 1992 in the United States District Court for the Western District of New York (Elfvin, J.) in favor of defendant-appellee Dunlop Tire Corporation ("Dunlop"). In her complaint, Woods alleged that Dunlop, her former employer, violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(g) and (k), by terminating her employment on the basis of race and gender. Prior to the filing of the complaint, the New York State Division of Human Rights ("DHR") had determined that there was probable cause to believe that Woods was the victim of discrimination and the Equal Employment Opportunity Commission ("EEOC") had issued a Notice of Right to Sue.

The district court concluded that Woods' Title VII claim was barred by res judicata because she failed to raise the claim in a previous action she had commenced prior to the DHR and EEOC determinations. Woods was unsuccessful in the previous action, in which she alleged that Dunlop's termination of her employment violated the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185. Woods now contends that the district court erred in applying res judicata because the LMRA action implicated a claim separate and distinct from Woods' Title VII claim. She asserts also that the application of res judicata is contrary to the Title VII scheme, since she was awaiting the outcome of administrative proceedings during litigation of the LMRA claim. For the reasons set forth below, we affirm the judgment of the district court.


972 F.2d 36 (1992)

Lucille Qualls WOODS, Plaintiff-Appellant,



No. 1604, Docket 92-7198. United States Court of Appeals, Second Circuit.

Argued May 28, 1992.

Decided August 11, 1992.

New York Law School location: File #: 1482, Box #130