EEOC v. Reichhold Chemicals, Inc.

• Decision Date: 19 May 1988
• Docket Number: PCA No. 87-30483-RV.
• Citation: 700 F. Supp. 524
• Parties: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. REICHHOLD CHEMICALS, INC., Defendant.
• Court: U.S. District Court — Northern District of Florida

700 F. Supp. 524

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. REICHHOLD CHEMICALS, INC., Defendant.

PCA No. 87-30483-RV.

United States District Court, N.D. Florida, Pensacola Division.

May 19, 1988.

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Arlene T. Shadoan, EEOC, Miami Dist. Office, Miami, Fla., for plaintiff.

Pamela McOwen, Pensacola, Fla., William A. Clineburg, Jr., King & Spalding, Atlanta, Ga., for defendant.

ORDER GRANTING PLAINTIFF'S MOTION TO AMEND

VINSON, District Judge.

This action under Title VII of the Civil Rights Act of 1964 was filed by the Equal Employment Opportunity Commission ("EEOC" or "Commission") on behalf of Carolyn J. Smith to correct alleged unlawful employment practices and to make Smith whole. The plaintiff has moved to amend its complaint. (Doc. 13) Specifically, the plaintiff seeks to add allegations that the defendant retaliated against Smith for exercising her federally protected rights in violation of Section 704(a) of Title VII and Section 15(a)(3) of the Fair Labor Standards Act. The defendant opposes the motion on the ground that the plaintiff's failure to inform the defendant, before issuing an administrative determination, that it was investigating the defendant's possible unlawful retaliation bars the plaintiff from now asserting a retaliation claim.

A. Background

The original complaint alleges that the defendant discriminated against Smith on the basis of her sex. Particularly, the plaintiff alleges that the defendant paid Smith a salary lower than was designated for her job and level of performance by the defendant's classification and pay system, while white males received salaries within their designated grade and according to their job performance. The proposed amended complaint alleges, in addition, that the defendant retaliated against Smith for the exercise of her rights under Title VII and the Equal Pay Act by, inter alia, not giving Smith an annual raise, "reducing" her performance evaluation, and not considering her for promotion to positions for which she was qualified.

This lawsuit stems from a charge Smith filed with the EEOC on June 26, 1984. She claimed that, because of her sex, the defendant was paying her less money for more responsibility than other managers in the defendant's accounting department. On July 15, 1986, after investigating the charge, the EEOC found that there was probable cause to believe that the charge was true. As required by law, it began conciliation efforts, which proved to be unsuccessful.

During a subsequent investigation leading up to the filing of this action, the EEOC learned of facts which it maintains gave it reasonable cause to believe that the defendant had retaliated against Smith for filing her sex discrimination charge. The Commission notified the defendant of that finding and of its factual basis on November 30, 1987. It also attempted to conciliate the finding of retaliation, but was unsuccessful.

B. Law and Discussion

The permissible scope of a complaint filed under Title VII is not defined by the scope of the charge filed with the EEOC, but by the scope of the EEOC investigation, as long as that investigation reasonably grew out of the discrimination charge. See Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5th Cir.1970); see also Evans v. U.S. Pipe & Foundry Co., 696 F.2d 925, 929 (11th Cir.1983). This rule is designed to avoid additional procedural technicalities to the extent compatible with the EEOC's functions of investigating alleged discriminatory practices, obtaining voluntary compliance with the anti-discrimination laws, and promoting conciliation. See EEOC v. Brookhaven Bank & Trust Co., 614 F.2d 1022, 1025 (5th Cir.1980); see also Evans v. U.S. Pipe & Foundry Co., supra, 696 F.2d at 929; Gupta v. East Texas State University, 654 F.2d 411, 414 (5th Cir.1981); Sanchez v. Standard Brands, Inc., supra, 431 F.2d at 466-67. Thus, where the EEOC, in the course of investigating a charge of discrimination, develops facts which lead it to believe that a separate, uncharged incident or form of discrimination has occurred, it may attempt to conciliate the finding of the uncharged discrimination. If conciliation fails, it may then file suit. See EEOC v. Huttig Sash & Door Co., 511 F.2d 453 (5th Cir.1975). In short, this circuit has chosen to dispense with "additional procedural technicalities" in order to facilitate the EEOC's efforts to achieve voluntary compliance with Title VII and to expedite the judicial process. See Gupta v. East Texas State University, supra, 654 F.2d at 414; Evans v. U.S. Pipe & Foundry, supra, 696 F.2d at 929; EEOC v. Brookhaven Bank & Trust Co., supra, 614 F.2d at 1025; Sanchez v. Standard Brands, Inc., supra, 431 F.2d at 466-67.

For example, in EEOC v. Brookhaven Bank & Trust Co., supra, the plaintiff had filed a charge with the EEOC, alleging that the bank had refused to hire her because of her race. After investigating the charge, the Commission determined that there was no reasonable cause to believe that the discrimination charge was true. However, the agency further found that the bank maintained segregated job classifications in violation of Title VII. Ensuing conciliation efforts failed, and the EEOC filed suit to enjoin and eradicate that alleged unlawful employment practice. The court held that the Commission could prosecute the uncharged discrimination claim in court. 614 F.2d at 1025.

It is significant for purposes of the plaintiff's motion that the EEOC in Brookhaven Bank had investigated and attempted to conciliate that claim, but the claim had not been charged. Also important is the absence of any indication by the court that the employer had received notice of the EEOC's investigation of that claim before the agency issued its letter of determination.

Like in Brookhaven Bank, the EEOC in this case has investigated and attempted to conciliate the retaliation claim. Thus, it has fulfilled its critical functions of investigation and conciliation, and has provided the employer with a chance to remedy the problem without litigation. See Evans v. U.S. Pipe & Foundry Co., supra, 696 F.2d at 929; id. at 1025. Under the established law of this circuit, that is enough for it to now bring a retaliation claim in this lawsuit.¹

In addition, I conclude that the plaintiff's motion should also be granted on ...