occidental
life
ins
eeoc
argued
april
decided
june
three
years
employee
petitioner
company
first
complained
equal
employment
opportunity
commission
title
vii
civil
rights
act
petitioner
discriminated
sex
five
months
conciliation
efforts
eeoc
failed
eeoc
brought
enforcement
action
district
central
district
california
granted
petitioner
motion
summary
judgment
ground
enforcement
action
time
barred
act
since
action
brought
within
days
either
formal
filing
charge
eeoc
effective
date
equal
employment
opportunity
act
alternatively
held
action
subject
barred
california
statute
limitations
appeals
reversed
section
provides
relevant
part
charge
filed
commission
dismissed
commission
within
one
hundred
eighty
days
filing
charge
expiration
period
reference
state
agency
whichever
later
commission
filed
civil
action
section
commission
entered
conciliation
agreement
person
aggrieved
party
commission
shall
notify
person
aggrieved
within
ninety
days
giving
notice
civil
action
may
brought
respondent
named
charge
person
claiming
aggrieved
charge
filed
member
commission
person
charge
alleges
aggrieved
alleged
unlawful
employment
practice
held
section
imposes
limitation
upon
eeoc
power
file
suit
federal
provision
language
legislative
history
show
intended
enable
aggrieved
person
unwilling
await
conclusion
extended
eeoc
proceedings
institute
private
lawsuit
days
charge
filed
pp
eeoc
enforcement
actions
subject
state
statutes
limitations
pp
though
congressional
intent
apply
local
limitations
period
inferred
instances
federal
statute
creating
cause
action
fails
specify
period
state
limitations
periods
borrowed
application
comport
federal
statute
underlying
policies
procedural
structure
created
amendments
act
eeoc
created
given
enforcement
powers
lieu
previous
scheme
eeoc
function
vehicle
conducting
litigation
behalf
private
parties
charged
investigating
employment
discrimination
claims
settling
informal
conciliation
possible
required
refrain
suing
discharged
administrative
responsibilities
application
state
limitation
period
thus
federal
policy
california
bar
applied
district
circumstances
conflict
policy
pp
congress
well
aware
enormous
backlog
eeoc
cases
concern
expressed
fair
operation
act
focused
filing
initial
charge
eeoc
rather
later
limitations
eeoc
power
sue
pp
courts
lack
discretionary
remedial
power
despite
procedural
protections
accorded
title
vii
defendant
act
eeoc
delay
bringing
suit
conciliation
efforts
failed
significantly
handicaps
defense
see
albemarle
paper
moody
pp
stewart
delivered
opinion
brennan
white
marshall
blackmun
powell
stevens
joined
rehnquist
filed
opinion
dissenting
part
burger
joined
post
dennis
vaughn
argued
cause
petitioner
briefs
leonard
janofsky
howard
hay
thomas
martin
argued
cause
respondent
brief
acting
solicitor
general
friedman
deputy
solicitor
general
jones
abner
sibal
joseph
eddins
beatrice
rosenberg
wayne
bishop
john
gallagher
filed
brief
texas
association
business
amicus
curiae
urging
reversal
robert
thompson
lawrence
kraus
richard
filed
brief
chamber
commerce
amicus
curiae
justice
stewart
delivered
opinion
congress
amended
title
vii
civil
rights
act
empower
equal
employment
opportunity
commission
bring
suit
federal
district
private
employer
alleged
violated
act
sole
question
presented
case
time
limitation
imposed
eeoc
power
bring
suit
december
employee
petitioner
occidental
life
insurance
filed
charge
eeoc
claiming
company
discriminated
sex
fruitless
referral
appropriate
state
agency
charge
formally
filed
eeoc
march
subsequently
served
company
investigation
eeoc
served
proposed
findings
fact
company
february
company
due
course
filed
exceptions
conciliation
discussions
eeoc
company
began
summer
discussions
continued
sporadically
september
year
eeoc
determined
conciliation
efforts
failed
notified
company
original
complainant
latter
requested
case
referred
general
counsel
eeoc
bring
enforcement
action
february
approximately
three
years
two
months
complainant
first
communicated
eeoc
five
months
conciliation
efforts
failed
eeoc
brought
enforcement
action
federal
district
district
granted
company
motion
summary
judgment
ground
law
requires
enforcement
action
brought
within
days
filing
charge
eeoc
alternatively
held
action
subject
appropriate
state
limitations
statute
therefore
barred
limitation
provision
cal
code
civ
proc
ann
west
supp
appeals
ninth
circuit
reversed
holding
federal
law
impose
limitation
eeoc
authority
sue
action
governed
state
statute
limitations
granted
certiorari
consider
important
recurring
question
regarding
title
vii
ii
enacted
title
vii
limited
eeoc
function
investigation
employment
discrimination
charges
informal
methods
conciliation
persuasion
failure
conciliation
efforts
terminated
involvement
eeoc
enforcement
achieved
charging
party
person
aggrieved
allegedly
unlawful
practice
initiated
private
suit
within
days
eeoc
notification
conciliation
successful
equal
employment
opportunity
act
congress
established
integrated
multistep
enforcement
procedure
culminating
eeoc
authority
bring
civil
action
federal
procedure
begins
charge
filed
eeoc
alleging
employer
engaged
unlawful
employment
practice
charge
must
filed
within
days
occurrence
allegedly
unlawful
practice
eeoc
directed
serve
notice
charge
employer
within
days
filing
eeoc
required
investigate
charge
determine
whether
reasonable
cause
believe
true
determination
made
promptly
possible
far
practicable
later
one
hundred
twenty
days
filing
charge
eeoc
finds
reasonable
cause
shall
endeavor
eliminate
alleged
unlawful
employment
practice
informal
methods
conference
conciliation
persuasion
commission
unable
secure
conciliation
agreement
acceptable
commission
commission
may
bring
civil
action
respondent
government
governmental
agency
political
subdivision
named
charge
act
expressly
imposes
one
temporal
restriction
eeoc
authority
embark
upon
final
stage
enforcement
bringing
civil
suit
federal
district
eeoc
may
invoke
judicial
power
compel
compliance
title
vii
least
days
charge
filed
neither
section
act
explicitly
requires
eeoc
conclude
conciliation
efforts
bring
enforcement
suit
within
maximum
period
time
language
act
upon
district
relied
finding
limitation
bars
bringing
lawsuit
eeoc
days
timely
charge
filed
found
supp
provides
relevant
part
charge
filed
commission
dismissed
commission
within
one
hundred
eighty
days
filing
charge
expiration
period
reference
state
agency
whichever
later
commission
filed
civil
action
section
commission
entered
conciliation
agreement
person
aggrieved
party
commission
shall
notify
person
aggrieved
within
ninety
days
giving
notice
civil
action
may
brought
respondent
named
charge
person
claiming
aggrieved
charge
filed
member
commission
person
charge
alleges
aggrieved
alleged
unlawful
employment
practice
short
literal
language
simply
support
determination
imposes
time
limitation
eeoc
enforcement
suits
contrary
natural
reading
lead
conclusion
simply
provides
complainant
whose
charge
dismissed
promptly
settled
litigated
eeoc
may
bring
lawsuit
must
wait
days
waiting
period
complainant
may
either
file
private
action
within
days
eeoc
notification
continue
leave
ultimate
resolution
charge
efforts
eeoc
legislative
history
provided
firm
evidence
subsection
mean
clearly
seems
say
justification
construing
way
evidence
found
dominant
title
vii
battle
congress
kind
additional
enforcement
powers
granted
eeoc
proponents
increased
eeoc
power
constituted
substantial
majority
houses
congress
divided
members
favored
giving
eeoc
power
issue
orders
advocated
authorizing
bring
suits
federal
district
courts
supporters
authority
first
victory
committees
houses
favorably
reported
bills
providing
enforcement
technique
bill
reported
house
committee
contained
section
entitled
civil
actions
persons
aggrieved
embodying
provisions
eventually
became
part
issue
present
case
committee
report
clearly
explained
purpose
provision
afford
aggrieved
person
option
withdrawing
case
eeoc
dissatisfied
rate
charge
processed
case
commission
burgeoning
workload
accompanied
insufficient
funds
shortage
staff
many
instances
forced
party
wait
years
final
conciliation
procedures
instituted
situation
leads
committee
believe
private
right
action
present
act
bill
provides
aggrieved
party
means
may
able
escape
administrative
quagmire
occasionally
surrounds
case
caught
overloaded
administrative
process
senate
action
amendments
title
vii
essentially
parallel
house
beginning
introduction
bill
giving
eeoc
power
ending
substitution
bill
authorizing
instead
file
suits
federal
courts
house
original
substitute
senate
bills
authorized
complainants
dissatisfied
pace
eeoc
proceedings
bring
individual
lawsuits
days
house
senate
committee
explained
provision
necessary
heavy
caseload
eeoc
result
delays
unacceptable
aggrieved
persons
indicated
testimony
eeoc
caseload
increased
rate
surpasses
projections
result
increasing
backlogs
making
determinations
possibility
occasional
hasty
decisions
made
press
time
unfairly
prejudiced
complaints
accordingly
commission
able
pursue
complaint
satisfactory
speed
enters
agreement
acceptable
aggrieved
party
bill
provides
individual
shall
opportunity
seek
remedy
even
though
may
originally
submitted
charge
commission
senator
dominick
led
opposition
committee
bill
floor
senate
substitute
bill
give
eeoc
power
issue
orders
authorized
instead
bring
enforcement
suits
federal
courts
substitute
bill
also
contained
provision
authorizing
private
lawsuits
almost
identical
contained
committee
bill
ensued
senate
debate
conclusion
substitute
bill
adopted
senate
course
debate
isolated
ambiguous
references
provision
substitute
bill
authorizing
federal
suits
complainants
dissatisfied
eeoc
delay
analysis
substitute
bill
made
available
final
vote
senate
clearly
explained
purpose
provision
providing
provision
intended
person
aggrieved
endure
lengthy
delays
agency
act
due
diligence
speed
accordingly
provisions
allow
person
aggrieved
elect
pursue
remedy
courts
agency
action
prove
satisfactory
retention
private
right
action
amended
designed
make
sure
person
aggrieved
endure
lengthy
delays
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act
due
diligence
speed
accordingly
provisions
allow
person
aggrieved
elect
pursue
remedy
title
courts
agency
inaction
dalliance
dismissal
charge
unsatisfactory
resolution
hoped
recourse
private
lawsuit
exception
rule
vast
majority
complaints
handled
offices
eeoc
however
individual
rights
redress
paramount
provisions
title
vii
necessary
avenues
left
open
quick
effective
relief
iii
company
argues
act
contains
limitation
time
eeoc
enforcement
suit
may
brought
analogous
state
statute
limitations
applied
relying
long
line
cases
holding
state
limitations
periods
applicable
actions
brought
federal
statutes
company
contends
california
law
barred
eeoc
bringing
lawsuit
congress
created
cause
action
specified
period
time
within
may
asserted
frequently
inferred
congress
intended
local
time
limitation
apply
runyon
mccrary
civil
rights
act
auto
workers
hoosier
cardinal
labor
management
relations
act
felix
civil
rights
act
chattanooga
foundry
pipe
works
atlanta
sherman
antitrust
act
campbell
haverhill
patent
act
implied
absorption
state
statutes
limitation
within
interstices
federal
enactments
phase
fashioning
remedial
details
congress
spoken
left
matters
judicial
determination
holmberg
armbrecht
mechanically
applied
state
statute
limitations
simply
limitations
period
absent
federal
statute
state
legislatures
devise
limitations
periods
national
interests
mind
duty
federal
courts
assure
importation
state
law
frustrate
interfere
implementation
national
policies
although
state
law
primary
guide
area
sure
exclusive
guide
johnson
railway
express
agency
state
limitations
periods
borrowed
application
inconsistent
underlying
policies
federal
statute
ibid
auto
workers
hoosier
cardinal
supra
board
county
considerations
mind
turn
company
argument
case
congress
first
enacted
title
vii
selected
ooperation
voluntary
compliance
preferred
means
achieving
goal
equality
employment
opportunities
alexander
gardner
denver
end
congress
created
eeoc
established
administrative
procedure
whereby
eeoc
opportunity
settle
disputes
conference
conciliation
persuasion
aggrieved
party
permitted
file
lawsuit
ibid
although
amendments
provided
eeoc
additional
enforcement
power
instituting
civil
actions
federal
courts
congress
preserved
eeoc
administrative
functions
amended
act
thus
procedural
structure
created
amendments
eeoc
function
simply
vehicle
conducting
litigation
behalf
private
parties
federal
administrative
agency
charged
responsibility
investigating
claims
employment
discrimination
settling
disputes
possible
informal
noncoercive
fashion
unlike
typical
litigant
statute
limitations
might
appropriately
run
eeoc
required
law
refrain
commencing
civil
action
discharged
administrative
duties
view
federal
policy
requiring
employment
discrimination
claims
investigated
eeoc
whenever
possible
administratively
resolved
suit
brought
federal
hardly
appropriate
rely
state
wisdom
setting
limit
prosecution
johnson
railway
express
agency
supra
state
wisdom
establishing
general
limitation
period
taken
account
decision
congress
delay
judicial
action
eeoc
performs
administrative
responsibilities
see
order
railroad
telegraphers
railway
express
agency
cope
anderson
rawlings
ray
indeed
statute
limitations
applied
district
case
circumstances
directly
conflict
timetable
administrative
action
expressly
established
act
even
cases
involving
inevitable
direct
conflict
express
time
periods
provided
act
absorption
state
limitations
inconsistent
congressional
intent
underlying
enactment
amendments
throughout
congressional
debates
many
members
houses
demonstrated
acute
awareness
enormous
backlog
cases
eeoc
consequent
delays
months
encountered
aggrieved
persons
awaiting
administrative
action
complaints
nevertheless
congress
substantially
increased
workload
eeoc
extending
coverage
title
vii
state
employers
private
employers
employees
nonreligious
educational
institutions
transferring
authority
bring
suits
attorney
general
commission
authorizing
commission
bring
civil
actions
federal
courts
hardly
reasonable
suppose
congress
aware
severe
time
problems
already
facing
eeoc
grant
agency
substantial
additional
enforcement
responsibilities
time
consign
federal
lawsuits
vagaries
diverse
state
limitations
statutes
short
one
year
congress
express
concern
need
time
limitations
fair
operation
act
concern
directed
entirely
initial
filing
charge
eeoc
prompt
notification
thereafter
alleged
violator
bills
passed
house
senate
contained
short
time
periods
within
charges
filed
eeoc
notice
given
employer
debates
reports
houses
made
evident
statute
limitations
problem
perceived
terms
provisions
rather
terms
later
limitation
eeoc
power
sue
perception
reflected
final
version
act
requires
charge
must
filed
eeoc
within
days
alleged
violation
title
vii
alleged
violator
must
notified
charge
including
date
place
circumstances
alleged
unlawful
employment
practice
within
ten
days
thereafter
fact
statute
limitations
discussions
congress
directed
period
preceding
filing
initial
charge
wholly
consistent
act
overall
enforcement
structure
sequential
series
steps
beginning
filing
charge
eeoc
within
procedural
framework
benchmark
purposes
statute
limitations
last
phase
multistage
scheme
commencement
proceeding
administrative
body
iv
absence
inflexible
time
limitations
bringing
lawsuits
company
asserts
deprive
defendants
title
vii
civil
actions
fundamental
fairness
subject
surprise
prejudice
result
prosecution
stale
claims
unlike
litigant
private
action
may
first
learn
cause
upon
service
complaint
title
vii
defendant
alerted
possibility
enforcement
suit
within
days
charge
filed
prompt
notice
serves
congress
intended
give
opportunity
gather
preserve
evidence
anticipation
action
moreover
pendency
eeoc
administrative
proceedings
potential
defendant
kept
informed
progress
action
regulations
promulgated
eeoc
require
charged
party
promptly
notified
determination
reasonable
cause
made
cfr
eeoc
terminated
efforts
conciliate
dispute
course
possible
despite
procedural
protections
defendant
title
vii
enforcement
action
might
still
significantly
handicapped
making
defense
inordinate
eeoc
delay
filing
action
exhausting
conciliation
efforts
cases
arise
federal
courts
lack
power
provide
relief
said
title
vii
defendant
fact
prejudiced
private
plaintiff
unexcused
conduct
particular
case
trial
may
restrict
even
deny
backpay
relief
albemarle
paper
moody
discretionary
power
locate
result
light
circumstances
peculiar
case
also
exercised
eeoc
plaintiff
judgment
appeals
affirmed
ordered
footnotes
civil
rights
act
stat
love
pullman
amendments
title
vii
made
applicable
respect
charges
pending
commission
date
enactment
stat
district
also
held
eeoc
enforcement
suits
one
based
charges
within
coverage
must
brought
within
days
march
effective
date
amendments
district
decision
reported
fep
cases
civil
rights
act
stat
stat
et
seq
supp
amending
civil
rights
act
stat
subsequent
citations
title
vii
opinion
act
amended
supp
charge
initially
filed
referred
state
local
agency
must
filed
eeoc
within
days
practice
occurred
within
days
notice
state
local
agency
terminated
proceeding
whichever
earlier
ibid
supp
ibid
supp
case
government
governmental
agency
political
subdivision
eeoc
required
upon
failure
conciliation
refer
case
attorney
general
may
bring
civil
action
ibid
section
house
committee
bill
provided
relevant
part
commission
determines
reasonable
cause
believe
charge
true
dismisses
charge
finds
probable
jurisdiction
dismisses
charge
within
one
hundred
eighty
days
charge
filed
commission
commission
either
issued
complaint
ii
determined
reasonable
cause
believe
charge
true
dismissed
charge
iii
entered
conciliation
agreement
commission
shall
notify
person
aggrieved
within
sixty
days
giving
notice
civil
action
may
brought
person
claiming
aggrieved
upon
timely
application
may
discretion
permit
commission
intervene
civil
action
certifies
case
general
public
importance
upon
commencement
civil
action
commission
shall
divested
jurisdiction
proceeding
shall
take
action
respect
thereof
sic
reprinted
pp
one
point
debates
senator
javits
sponsor
committee
bill
sought
amend
substitute
bill
clarify
relationship
eeoc
private
lawsuits
providing
within
thirty
days
charge
filed
commission
commission
unable
secure
respondent
conciliation
agreement
acceptable
commission
commission
shall
bring
civil
action
senator
dominick
objected
substitution
word
shall
may
suggested
interest
flexibility
commission
schedule
interest
flexibility
working
something
voluntary
compliance
far
better
put
word
may
exchange
followed
senators
manifested
understanding
provision
dominick
amendment
served
purpose
analogous
provision
committee
bill
cong
rec
senator
javits
later
agreed
use
word
may
senator
dominick
responded
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think
change
meritorious
pointed
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think
commission
mandated
date
agency
bring
suit
trying
work
matters
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conciliation
see
addition
appeals
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present
case
six
courts
appeals
reached
conclusion
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du
pont
de
nemours
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cleveland
mills
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louisville
nashville
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meyer
drug
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duval
two
courts
appeals
considered
question
reached
differing
conclusions
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supra
state
limitations
applicable
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griffin
wheel
state
limitations
applicable
backpay
suits
since
california
created
state
agency
authority
provide
remedy
employment
discrimination
cal
labor
code
ann
west
aggrieved
party
state
may
file
charge
eeoc
long
days
allegedly
unlawful
act
see
supra
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may
take
least
days
investigate
charge
make
determination
reasonable
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even
aggrieved
party
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act
within
period
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authorized
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california
limitations
period
applied
district
expire
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opportunity
begin
conciliation
efforts
let
alone
bring
lawsuit
testimony
house
committee
william
brown
iii
chairman
eeoc
stated
february
backlog
pending
charges
equal
employment
opportunities
enforcement
procedures
hearings
general
subcommittee
labor
house
committee
education
labor
time
chairman
brown
testified
senate
committee
backlog
increased
nearly
cases
increases
expected
equal
employment
opportunity
enforcement
act
hearings
subcommittee
labor
senate
committee
labor
public
welfare
see
cong
rec
remarks
martin
remarks
erlenborn
cong
rec
remarks
dominick
remarks
fannin
remarks
sens
talmadge
chiles
remarks
allen
remarks
sens
gurney
allen
remarks
sens
javits
cooper
dominick
williams
allen
company
contends
numerous
references
debates
eeoc
backlog
delays
demonstrate
adopting
enforcement
plan
congress
intended
restrict
time
allowed
investigation
conciliation
charge
nearly
references
however
context
discussions
whether
enforcement
conciliation
efforts
failed
accomplished
expeditiously
administrative
process
lawsuits
federal
courts
concern
therefore
additional
delays
complainants
suffer
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given
task
conducting
hearings
issuing
orders
congressional
concern
delays
investigation
conciliation
process
resolved
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complainants
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opportunity
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cases
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private
suits
see
part
ii
supra
supp
number
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local
governmental
employees
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jurisdiction
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estimated
million
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rec
remarks
perkins
cong
rec
remarks
fannin
elimination
exemption
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institutions
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employees
remarks
cranston
supp
supp
house
bill
provided
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serve
notice
charge
alleged
violator
within
five
days
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bill
required
notice
within
days
bills
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party
filing
charge
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bill
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committee
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notice
charge
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time
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report
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filing
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amended
require
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give
notice
within
five
days
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time
charge
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floor
house
congressman
erlenborn
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amendment
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preserve
evidence
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charges
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rec
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perkins
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sash
door
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milling
national
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mccluny
silliman
pet
campbell
haverhill
mcclaine
rankin
chattanooga
foundry
pipe
works
atlanta
felix
auto
workers
hoosier
cardinal
johnson
railway
express
agency
runyon
mccrary
however
today
relies
basically
two
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reasons
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california
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pet
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haverhill
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time
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california
legislature
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interests
underlying
enactment
title
vii
argument
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question
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considered
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silliman
supra
contended
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johnson
railway
express
agency
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workers
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cardinal
board
county
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state
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longstanding
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justification
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judicial
legislation
urged
upon
us
last
three
cases
board
county
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suit
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capacity
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may
bring
suit
behalf
complainant
violation
title
vii
days
charge
filed
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supp
see
ante
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law
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cause
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date
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mcallister
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petroleum
case
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one
year
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time
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suit
cal
code
civ
proc
ann
west
supp
thus
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expressed
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title
vii
chose
ooperation
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context
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reason
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limitations
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noted
johnson
railway
express
agency
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plaintiff
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year
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structure
policies
title
vii
warrant
departure
precedent
ii
case
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edelson
filed
charge
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december
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employment
practices
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year
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directed
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years
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title
vii
bears
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west
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haverhill
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vii
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railway
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myers
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part
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title
vii
plaintiffs
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title
vii
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