Genovese v. Shell Oil Company, 73-1224.
Citation | 488 F.2d 84 |
Decision Date | 04 December 1973 |
Docket Number | No. 73-1224.,73-1224. |
Parties | Anthony Joseph GENOVESE, III, Plaintiff-Appellant, v. SHELL OIL COMPANY, Defendant-Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Richard W. Shelton, Cecil Burglass, Jr., New Orleans, La., for plaintiff-appellant.
Theodore J. Pfister, Jr., Al J. Moore, New Orleans, La., for defendant-appellee.
Before THORNBERRY, GODBOLD and CLARK, Circuit Judges.
Anthony Joseph Genovese filed a Title VII sex discrimination charge with the Equal Employment Opportunity Commission (EEOC) against his employer, Shell Oil Company. On January 25, 1972 he received notice from the EEOC that it had been unable to achieve voluntary compliance by Shell with Title VII. Genovese then filed this private action on March 7, 1972. 42 U.S.C. § 2000e-5 then provided that after the EEOC notifies the charging party that it has been unable to obtain voluntary compliance "a civil action may, within thirty days thereafter, be brought against the respondent named in the charge." The district court granted summary judgment in favor of Shell Oil Company upon the basis that Genovese had not complied with this provision.
On appeal from this judgment, Genovese argues that, since Title VII is remedial legislation, its provisions should be liberally construed according to equity and justice so as not to serve as stumbling blocks for potential plaintiffs. He asserts that upon receipt of the EEOC notice he contacted his attorney and authorized the filing of suit, and that the attorney apparently misread the notice and thus mistakenly failed to comply with the 30-day requirement. Based on these facts, Genovese urges us to disregard the thirty-day limitation period in the instant case.
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