Genovese v. Shell Oil Company, No. 73-1224.
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 488 F.2d 84 |
| Parties | Anthony Joseph GENOVESE, III, Plaintiff-Appellant, v. SHELL OIL COMPANY, Defendant-Appellee. |
| Decision Date | 04 December 1973 |
| Docket Number | No. 73-1224. |
488 F.2d 84 (1973)
Anthony Joseph GENOVESE, III, Plaintiff-Appellant,
v.
SHELL OIL COMPANY, Defendant-Appellee.
No. 73-1224.
United States Court of Appeals, Fifth Circuit.
December 4, 1973.
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.
PER CURIAM:
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
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.
There is no room here for liberal or strict statutory construction since it is clear from the language of 42 U.S.C. § 2000e-5 that the 30-day requirement for the filing of suit is mandatory and jurisdictional. Nothing in the legislative history cited us by Genovese convinces us otherwise. The permissive word "may" refers only to the charging party's decision as to whether a civil action should be brought at all and does not modify the 30-day limitation provision so as to create "a discretion in the Court to receive the case following the expiration of 30 days." Goodman v. City Products, 425 F.2d 702 (6th Cir. 1970). Other circuits have also recognized that this requirement is jurisdictional. Harris v. National Tea Company, ...
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Coke v. General Adjustment Bureau, Inc., No. 77-2874
...within 90 days after receipt of the right-to-sue letter from the EEOC, 42 U.S.C.A. § 2000e-5(f)(1) (1974). See Genovese v. Shell Oil Co., 488 F.2d 84 (5th Cir. 1973); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544 (5th Cir. 1978). See also Eastland v. TVA, 553 F.2d 364 (5th Cir.), cert.......
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Roush v. Kartridge Pak Co., No. 3-91-CV-30147.
...and mandatory." Id. See e.g., Cleveland v. Douglas Aircraft Co., 509 F.2d 1027, 1029 (9th Cir.1975); Genovese v. Shell Oil Co., 488 F.2d 84, 85 (5th Cir.1973); Archuleta v. Duffy's Inc., 471 F.2d 33, 34-35 (10th Cir.1973); Stebbins v. Nationwide Mut. Ins. Co., 469 F.2d 268, 269 (4th Cir.197......
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EQUAL EMPLOYMENT OP. COM'N v. General Dynamics Corp., Civ. A. No. CA 4-74-54.
...with favor in interpretations of the more explicit language regarding the right to sue of individual claimants. Genovese v. Shell Oil Co., 488 F.2d 84 (5th Cir. 1973). A pure expression of this position is found in Simon v. United States, 244 F.2d 703, 705 (5th Cir. 1957) (quoting 34 Am.Jur......
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Bell v. Brown, No. 75-1378
...of a view on a situation such as that presently before us. The court cited in support of the statement Genovese v. Shell Oil Co., 5 Cir., 488 F.2d 84 (1973), wherein the complaining employee "assert(ed) that upon receipt of the EEOC notice he contacted his attorney and authorized the filing......
-
Coke v. General Adjustment Bureau, Inc., No. 77-2874
...within 90 days after receipt of the right-to-sue letter from the EEOC, 42 U.S.C.A. § 2000e-5(f)(1) (1974). See Genovese v. Shell Oil Co., 488 F.2d 84 (5th Cir. 1973); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544 (5th Cir. 1978). See also Eastland v. TVA, 553 F.2d 364 (5th Cir.), cert.......
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Roush v. Kartridge Pak Co., No. 3-91-CV-30147.
...and mandatory." Id. See e.g., Cleveland v. Douglas Aircraft Co., 509 F.2d 1027, 1029 (9th Cir.1975); Genovese v. Shell Oil Co., 488 F.2d 84, 85 (5th Cir.1973); Archuleta v. Duffy's Inc., 471 F.2d 33, 34-35 (10th Cir.1973); Stebbins v. Nationwide Mut. Ins. Co., 469 F.2d 268, 269 (4th Cir.197......
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EQUAL EMPLOYMENT OP. COM'N v. General Dynamics Corp., Civ. A. No. CA 4-74-54.
...with favor in interpretations of the more explicit language regarding the right to sue of individual claimants. Genovese v. Shell Oil Co., 488 F.2d 84 (5th Cir. 1973). A pure expression of this position is found in Simon v. United States, 244 F.2d 703, 705 (5th Cir. 1957) (quoting 34 Am.Jur......
-
Bell v. Brown, No. 75-1378
...of a view on a situation such as that presently before us. The court cited in support of the statement Genovese v. Shell Oil Co., 5 Cir., 488 F.2d 84 (1973), wherein the complaining employee "assert(ed) that upon receipt of the EEOC notice he contacted his attorney and authorized the filing......