Sanchez v. Standard Brands, Inc.
Decision Date | 17 August 1970 |
Docket Number | No. 27730.,27730. |
Citation | 431 F.2d 455 |
Parties | Celia SANCHEZ, Plaintiff-Appellant, v. STANDARD BRANDS, INC., Defendant-Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Frank P. Hernandez, Dallas, Tex., for plaintiff-appellant.
Eldon L. Youngblood, Coke & Coke, Dallas, Tex., for defendant-appellee.
Philip Sklover, Atty., Equal Employment Opportunity Commission, Washington, D.C., amicus curiae.
Before RIVES, GOLDBERG and GODBOLD, Circuit Judges.
Rehearing Denied and Rehearing En Banc Denied August 17, 1970.
In this equal employment opportunity action we consider the linguistic tolerance to be accorded a charging party under the 1964 Civil Rights Act and its attendant regulations. The court below dismissed the complaint on the ground that plaintiff had written the wrong words and checked the wrong box in filling out an administrative charge form supplied by the Equal Employment Opportunity Commission. Because we conclude that the trial court's approach is not in keeping with the words of the statute, with the intent of Congress, or with the regulations adopted by the EEOC, we reverse and remand.
This case arises under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e et seq. Title VII generally forbids, in the context of employment, discrimination against any individual "because of such individual's race, color, religion, sex, or national origin." The Act's proscriptions are directed at employers, employment agencies, and labor organizations, each of which is forbidden to engage in certain defined "unlawful employment practices." See 42 U.S.C.A. §§ 2000e — 2, 2000e — 3.
To effectuate the goals embodied in Title VII, Congress created the Equal Employment Opportunity Commission. 42 U.S.C.A. § 2000e — 4. The Commission's procedures can be set in motion by the filing of a charge of discrimination. The procedures which are triggered by the filing of such a charge are detailed in 42 U.S.C.A. § 2000e — 5, which provides in pertinent part as follows:
In addition to the requirements that a charge of discrimination filed by an aggrieved party be "in writing" and "under oath," 42 U.S.C.A. § 2000e — 5(a), the statute commands that such a charge "shall be filed within ninety days after the alleged unlawful employment practice occurred." 42 U.S.C.A. § 2000e — 5(d). Beyond these basics the Act is silent with respect to the details of filing a charge of discrimination. The Commission, however, has issued a series of regulations concerning the filing of charges. 29 C.F.R. § 1601.5 et seq. The regulation with which we are principally concerned in the present case is 29 C.F.R. § 1601.11, which provides as follows:
Another Commission regulation provides that a charge of discrimination "shall be in writing and signed, and shall be sworn to before a notary public, designated representative of the Commission, or other person duly authorized by law to administer oaths and take acknowledgments." 29 C.F.R. § 1601.8. The same regulation announces that "charge forms are available to all persons from all offices of the Commission."
The Commission's charge form is a relatively simple one-page form, obviously designed to be utilized by even the most unsophisticated and unlettered layman. Three specific portions of the form are relevant for purposes of this case. One portion calls for an explanation of the factual basis of the charge of discrimination; the complainant is asked to "explain what unfair thing was done to you." Another part of the form calls for the complainant to specify whether the discrimination alleged was "because of" (a) "race or color," (b) "religious creed," (c) "national origin" or (d) "sex"; a row of boxes is provided — one for each category of discrimination — and the complainant is asked to "please check one." Still another portion of the form asks the complainant to state "the most recent date on which this discrimination took place."
The history of the present litigation began when Celia Sanchez, on January 3, 1967, filed a charge of discrimination with the EEOC by executing an EEOC charge form. She named her former employer, Standard Brands, Inc., as the party which had discriminated against her. In the space provided to explain what "unfair thing" had been done to her, she wrote the following:
In the row of boxes representing the various categories of discrimination, she checked the box labeled "sex." In the space provided to state "the most recent date on which this discrimination took place," she wrote "November 18, 66." Thus, this charge of discrimination, filed in January of 1967, clearly was filed within the ninety-day period prescribed by 42 U.S.C.A. § 2000e — 5(d).
However, on March 18, 1967 — after the expiration of the ninety-day period — Celia Sanchez executed an amended charge of discrimination, again utilizing the charge form supplied by the Commission. Once again she fixed "the most recent date on which this discrimination took place" as November 18, 1966. In other relevant respects, however, this charge was not identical with the original charge. This time, in the space provided to explain what "unfair thing" had been done to her, she wrote the following:
In the row of boxes representing the various categories of discrimination, she checked two boxes — both "sex" and "national origin."
The Commission investigation triggered by the Sanchez charge apparently led the Commission to conclude that reasonable cause did not exist to believe that Standard Brands had been guilty of discrimination because of sex, but that reasonable cause did exist to believe that Standard Brands had been guilty of discrimination because of national origin. The Commission was unable, however, to obtain voluntary compliance with the Act. Consequently, Celia Sanchez was notified of her statutory right to bring a civil action to compel compliance, and on August 12, 1967, she filed her complaint in the court below.
In her complaint plaintiff sought relief for herself and for the class she claimed to represent, the class being composed of "Mexican-American and Negro persons who are employed, or might be employed by Standard Brands, Inc., at its Frozen Products Division located in Dallas, Texas, who have been and continue to be or might be adversely affected by...
To continue reading
Request your trial-
Anderson v. Dunbar Armored, Inc.
...under Title VII,'" such that the EEOC charge is not to be "strictly interpreted." Id. at 1280 (quoting Sanchez v. Standard Brands, Inc., 431 F.2d 455, 460-61, 465 (5th Cir.1970)). "The proper inquiry" is whether the "complaint was like or related to, or grew out of, the allegations containe......
-
Ferguson v. EI duPont de Nemours and Co., Inc.
...U.S. 1041, 97 S.Ct. 741, 50 L.Ed.2d 753 (1977). The test focuses upon the scope of the EEOC's investigation. Sanchez v. Standard Brands, Inc., 431 F.2d 455, 465-66 (5th Cir.1970); Zalewski v. M.A. R.S. Enterprises, Ltd., 561 F.Supp. 601, 605 (D.Del.1982). The concept of scope falls into thr......
-
White v. Wells Fargo Guard Services
...Cir.1985) (citations omitted); Brown v. Walt Disney World Co., 805 F.Supp. 1554, 1558 (M.D.Fla.1992) (citing Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5th Cir.1970)). Therefore, if the additional charges in the civil complaint arise naturally and logically from the facts presente......
-
Floyd v. Communications Workers of America, Civil Action No. 3:02-cv-1588WS.
...Association of Government Employees v. City Public Service Board of San Antonio, 40 F.3d at 711, quoting Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5th Cir.1970). The plaintiffs claims of discriminatory termination and retaliation were submitted to, the EEOC, but the plaintiff's c......
-
Employment discrimination law-overview & history
...to protect the many who are unlettered and unschooled in the nuances of literary draftsmanship.” Sanchez v. Standard Brands, Inc. , 431 F.2d 455, 465 (5th Cir. 1970). Consequently, completing a charge of discrimination with the U.S. Equal Employment Opportunity Commission is meant to be a r......
-
Texas Commission on Human Rights Act: Procedures and Remedies
...inquiry in a Title VII action is limited to the reasonably expected scope of the EEOC investigation). In Sanchez v. Standard Brands, Inc., 431 F.2d 455, 460 (5th Cir. 1970), the Fifth Circuit established the standard generally applied by federal courts in determining the extent to which a j......
-
Texas commission on human rights act: procedures and remedies
...(2006)). HUMAN RIGHTS ACT 18-37 Texas Commission on Human Rights Act: Procedures and Remedies §18:7 In Sanchez v. Standard Brands, Inc. , 431 F.2d 455, 460 (5th Cir. 1970), the Fifth Circuit established the standard generally applied by federal courts in determining the extent to which a ju......
-
Employment Discrimination Law-Overview & History
...to protect the many who are unlettered and unschooled in the nuances of literary draftsmanship.” Sanchez v. Standard Brands, Inc., 431 F.2d 455, 465 (5th Cir. 1970). Consequently, completing a charge of discrimination with the U.S. Equal Employment Opportunity Commission is meant to be a ru......