Equal Employment Opportunity Commission v. Griffin Wheel Co.
| Decision Date | 17 October 1975 |
| Docket Number | AFL-CI,No. 75,No. 74-1546,D,75,74-1546 |
| Citation | 521 F.2d 223 |
| Parties | 11 Fair Empl.Prac.Cas. 988, 10 Empl. Prac. Dec. P 10,440 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. GRIFFIN WHEEL COMPANY and International Molders and Allied Workers Union, Localefendants-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
William A. Carey, Gen. Counsel, William L. Robinson, Assoc. Gen. Counsel, Linda Colvard Dorian, Charles L. Reischel, Attys., EEOC, Washington, D. C., Roger J. Martinson, Acting Reg. Atty., Alfonso McGhee, Assoc. Regional Atty., Ellis L. Bert, Asst. Reg. Atty., William Franklin Jordan, Atty., EEOC, Atlanta Regional Litigation Center, Atlanta, Ga., Beatrice Rosenberg, Joseph T. Eddins, Attys., EEOC, Washington, D. C., for plaintiff-appellant.
William F. Gardner, John C. Falkenberry, William E. Mitch, Birmingham, Ala., for defendants-appellees.
Appeal from the United States District Court for the Northern District of Alabama.
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
(Opinion April 10, 1975, 5 Cir., 1975, 511 F.2d 456)
Before GODBOLD and MORGAN, Circuit Judges, and BOOTLE, District Judge.
Pursuant to permission granted, the EEOC has filed an out-of-time petition for rehearing asking clarification of our opinion of April 10, 1975, in two respects: first, to make sure that in holding that "the action must have been commenced within one year after the occurrence of the injury complained of" we did not mean to abrogate the tolling principle, and second, to recognize its "understanding" that "if the suit is timely filed, back pay could properly be recovered for the entire period for which there was injury except that under section 706(g) back pay could not accrue from a date more than two years before the filing of the charge."
The petition recites that while the EEOC did not read the opinion as impinging upon the "decision(s) of this Circuit holding that the period for which individuals may recover back pay is tolled for the period during which a charge is under administrative processing," citing Franks v. Bowman Transportation Company, 495 F.2d 398, 405 (5th Cir. 1974) and United States v. Georgia Power Company, 474 F.2d 906, 925 (5th Cir. 1973), "respondents are interpreting the opinion to hold that back pay cannot be recovered for a period more than the state period of limitations prior to filing suit, in most cases one year."
In response to the petition for rehearing, Griffin Wheel Company, appellee, insists that the petition asks us to render a ruling on a point which has not been decided or even considered by the district court and which is being raised for the first time in the petition for rehearing; that the points raised by the petition should be considered and decided by the district court on remand in accordance with the opinion's mandate that "upon remand, the district court must give further consideration to whether this action was timely commenced within the purview of the state statute of limitations"; that all questions raised about the tolling principle should be heard and decided by the district court on a full-scale presentation which probably would include the taking of evidence. (The record before us fails to disclose how long the administrative proceeding pended.) Indeed the case has not been tried but was disposed of by summary judgment. Some particular questions raised by the response are: what effect, if any, does the recent decision of the Supreme Court in Johnson v. Railway Express Agency, --- U.S. ---, 95 S.Ct. 1716, 44 L.Ed.2d 295, 43 U.S.L.W. 4623 (1975) have upon the applicability of the tolling principle in this case; assuming that the tolling principle applies, does it toll the statute as to all complaint allegations or only...
To continue reading
Request your trial
-
United States v. City of Yonkers
...(1975); Equal Employment Opportunity Commission v. Griffin Wheel Co., 511 F.2d 456, 458-59, modified on petition for rehearing, 521 F.2d 223 (5th Cir.1975); see also United States v. Georgia Power Co., 474 F.2d 906, 922-923 (5th Cir.1973); Equal Employment Opportunity Commission v. Christia......
-
E.E.O.C. v. Occidental Life Ins. Co. of California
...federal limitations period. See Equal Employment Opportunity Comm'n v. Griffin Wheel Co., 511 F.2d 456, 458, aff'd on rehearing, 521 F.2d 223 (5th Cir. 1975). It is well established that in a private civil rights action, where Congress has not provided a statute of limitations, the state st......
-
Citronelle-Mobile Gathering, Inc. v. O'LEARY, Civ. A. No. 77-101-P.
...in this section .... This contention finds some support in EEOC v. Griffin Wheel Co., 511 F.2d 456 (5th Cir. 1975), clarified, 521 F.2d 223 (5th Cir. 1975), where the court stated that a claim for back pay filed by the EEOC on behalf of employees was a "private action" subject to the statut......
-
Cotton v. Hinton
...appeared before us in Equal Employment Op. Com'n v. Griffin Wheel Co., 511 F.2d 456 (5th Cir. 1975), on petition for rehearing, 521 F.2d 223 (5th Cir. 1975); Graves v. Kaiser Aluminum and Chemical Co., 528 F.2d 1360 (5th Cir. 1976); Watkins v. Scott Paper Co., 530 F.2d 1159 (5th Cir. 1976);......