Taylor v. Pacific Intermountain Express Co., 74 C 3346.
| Decision Date | 12 May 1975 |
| Docket Number | No. 74 C 3346.,74 C 3346. |
| Citation | 394 F. Supp. 72 |
| Parties | Charles TAYLOR, Plaintiff, v. PACIFIC INTERMOUNTAIN EXPRESS CO., a corporation, and Automobile Mechanics Union, Local 701, I. A. M., Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
Harry Bell, Chicago, Ill., for plaintiff.
Richard A. Kerwin, Burke, Kerwin & Towle, Chicago, Ill., for defendants.
Equal Employment Opportunity Commission, Washington, D. C., amicus curiae.
The instant controversy revolves around the interpretation of a portion of § 706(f)(1) of the Equal Employment Opportunity Act, 42 U.S.C. § 2000e-5(f)(1). In relevant part the section provides:
If a charge filed with the Commission pursuant to subsection (b) of this section is dismissed by the Commission, or if within one hundred and eighty days from the filing of such charge . . . the Commission has not entered into a conciliation agreement to which the person aggrieved is a party, the Commission . . . shall so notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought . . ..
The plaintiff, Charles Taylor, has brought suit against Pacific Intermountain Express Company (Pacific), a corporation, and the Automobile Mechanics Union, Local 701 I.A.M. (Mechanics) alleging violations of the Equal Employment Opportunity Act. Pursuant to the requirements of the Act, the plaintiff filed a charge with the Equal Employment Opportunity Commission (Commission) on February 16, 1971, charging that Pacific had violated the Act by engaging in unlawful employment practices, including discriminatory discharge, on the basis of race. Plaintiff also alleged that Local 701 of the Mechanics had refused to fairly represent him.
Following proceedings before the Illinois Fair Employment Practices Commission, the federal commission undertook to investigate the charges made by plaintiff and, on June 3, 1973, issued a determination letter finding reasonable cause to believe that defendants had engaged in discriminatory employment practices based on race. After attempting to reach an acceptable conciliation agreement between defendants and plaintiff, the Commission on July 25, 1974 issued a letter to plaintiff stating in relevant part:
As of this date, the Commission has been unable to reach a satisfactory agreement with the Respondent to properly settle the matters raised in the above-mentioned case. Therefore, you may at this time request in writing a Notice of Right to Sue which enables you to institute civil action in the appropriate U. S. District Court. If you are unable to locate an attorney, please contact our District Counsel, Ms. Dolores Knapp, 353-4359, in this office and efforts will be made to assist you in that regard. If you are unable to afford an attorney, the United States District Court is empowered, in its discretion, to appoint an attorney to represent you and to authorize commencement of suit without the payment of fees, cost or security. If you intend to pursue this matter in the U. S. District Court, it is requested that you sign the enclosed form in the appropriate place and return it in the self-addressed envelope to this office within 15 days from the receipt of this letter.
On August 16, 1974, 22 days later, plaintiff requested a "right to sue" letter. The Commission issued such a letter on October 4, 1974. That letter advised plaintiff:
Pursuant to Section 706(f-1) of Title VII of the Civil Rights Act of 1964, as amended, you are hereby notified that you may within ninety (90) days of receipt of this communication, institute a civil action in the appropriate Federal District Court. If you are unable to retain an attorney, the Federal District Court is authorized in its discretion to appoint an attorney to represent you and to authorize commencement of the suit without payment of fees, costs or security. If you decide to institute suit and find you need assistance, you may take this letter, along with any correspondence you have received from the Commission, to the Clerk of the Federal District Court nearest to the place where the alleged discrimination occurred, and request that a Federal District Judge appoint counsel to represent you. In the event you secure the services of an attorney, please pass the enclosed self-addressed card along to him.
Relying thereon, the plaintiff brought the instant suit on November 19, 1974, 46 days after the issuance of the "right to sue" letter, but 117 days after the "failure to conciliate" letter was issued.
The defendants have moved to dismiss on the ground that the suit was not commenced within the 90-day time period provided by § 2000e-5(f). They argue that the period began to run no later than when the plaintiff received the Commission's failure to conciliate letter; consequently, the complaint is beyond the statutory period. Plaintiff opposes the motion, contending that the statutory period began to run on the date the "right to sue" letter was issued; hence, the filing of plaintiff's complaint 46 days later is plainly within the statutory period. The Commission has filed an amicus curiae brief in opposition to the motion to dismiss, to which the defendants have responded.
Under the statute, the "failure to conciliate" notice to a complainant apparently commences the running of the statute. The language of § 2000e-5(f)(1), quoted earlier, explicitly provides that a complainant has 90 days in which to bring suit after being notified by the Commission that conciliation efforts have failed. See also Stebbins v. Continental Ins. Co., 143 U.S.App.D.C. 121, 442 F.2d 843 (1971) and Cunningham v. Litton Industries, 413 F.2d 887 (9th Cir. 1969); which hold that the letter indicating that the Commission has failed to effect conciliation with the respondent commences the running of the statutory period.
In Harris v. Sherwood Medical Industries, Inc., 386 F.Supp. 1149 (E.D.Mo. 1974), the Court was confronted with the question of whether the "failure to conciliate" letter or the "right to sue" letter commences the running of the 90-day period. The Court held that the "failure to conciliate" letter controls. The Court explained that the sole purpose of the requirement of notification...
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