Mohasco Corp. v. Silver
Mohasco Corp. v. Silver
Opinion of the Court
delivered the opinion of the Court.
The question in this Title VII case is whether Congress intended the word “filed” to have the same meaning in subsections (c)
On August 29, 1975, Mohasco Corp. discharged the respondent from his position as senior marketing economist.
Meanwhile, on August 20, 1976 — a date more than 60 days after respondent’s letter had been submitted to the EEOC and
About a year later, on August 24, 1977, the EEOC issued its determination that “there is not reasonable cause to believe the charge is true,”
The District Court granted Mohasco’s motion for summary judgment on the ground that respondent’s failure to file a
The District Court refused to apply an EEOC regulation
Over the dissent of Judge Meskill, the Court of Appeals for the Second Circuit reversed. 602 F. 2d 1083 (1979). It recognized that the District Court had read the statute literally, but concluded that a literal reading did not give sufficient weight to the overriding purpose of the Act. In the majority’s view, in order to be faithful to “the strong federal policy in insuring that employment discrimination is redressed,” id., at 1087, it was necessary “to conclude that a charge is 'filed’ for purposes of § 706 (e) when received, and 'filed’ as required by § 706 (c) when the state deferral period ends.” Ibid. By giving the word “filed” two different meanings, the court concluded that the letter received by the EEOC on June 15, 1976, had been filed within 300 days as required by § 706 (e),
Judge Meskill believed that a literal reading of the statute was not only consistent with its basic purpose, but was also warranted by the additional purpose of “requiring] prompt action on the part of Title VII plaintiffs.” 602 F. 2d, at 1092. He noted that Congress had imposed a general requirement of filing within 180 days, and that the exceptional period of 300 days for deferral States was merely intended to give the charging party a fair opportunity to invoke his state remedy with
Because there is a conflict among the Courts of Appeals on the proper interpretation of the word “filed” in this statute,
We first review the plain meaning of the relevant statutory language; we next examine the legislative history of the 1964 Act and the 1972 amendments for evidence that Congress intended the statute to have a different meaning; and finally we consider the policy arguments in favor of a less literal reading of the Act.
I
Section 706 (e) begins with the general rule that a “charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred . . .
That exception allows a filing with the EEOC after 180 days if “the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant
That exception states that “such charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier . . . .” Since the state proceedings did not terminate until well after the expiration of the 300-day period, see n. 5, supra, the 300-day limitations period is the one applicable to respondent’s charge. The question, then, is whether the June 15, 1976, letter was “filed” when received by the EEOC within the meaning of subsection (e) of § 706.
The answer is supplied by subsection (c), which imposes a special requirement for cases arising in deferral States: “no charge may be filed under subsection [(b)] by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated . . . .” Thus, in terms, the statute prohibited the EEOC from allowing the charge to be filed on the date the letter was received. Although, as the Court held in Love v. Pullman Co., supra, it was proper for the EEOC to hold respondent’s “complaint in ‘suspended animation,’ automatically filing it upon termination of the State proceedings,”
In contrast to this rather straightforward reading of the statute, respondent urges us to give the word “filed” two different meanings within the same statutory section in order better to effectuate Congress’ purpose underlying Title VII. Essentially, his argument is that a rule permitting filings for up to 300 days after the discriminatory occurrence — regardless of the rule against filing during the deferral period — would help further the cause of eliminating discriminatory employment practices. We therefore turn to the legislative history, but in doing so we emphasize that the words of the statute are not ambiguous. Nor does a literal reading of them lead to “absurd or futile results,” United States v. American Trucking Assns., 310 U. S. 534, 543. For time limitations are inevitably arbitrary to some extent; and the limitations at issue here are not so short
A
It is unquestionably true that the 1964 statute was enacted to implement the congressional policy against discriminatory employment practices,
The typical time limitations provision in the numerous proposed civil rights bills required the filing of a charge with the new federal fair employment practices agency within six months of the discriminatory conduct.
On February 10, 1964, the House of Representatives passed H. R. 7152, its version of the comprehensive Civil Rights Act. Title VII of that bill contained a 6-month limitations provision for the filing of charges with the EEOC, and directed the EEOC to enter into agreements with state agencies providing for suspension of federal enforcement.
Section 706 (d)
Since the Senate did not explain why it adopted a time limitation of only half that adopted by the House, one can only speculate. But it seems clear that the 90-day provision to some must have represented a judgment that most genuine claims of discrimination would be promptly asserted and that the costs associated with processing and defending stale or dormant claims outweigh the federal interest in guaranteeing a remedy to every victim of discrimination. To others it must have represented a necessary sacrifice of the rights of some victims of discrimination in order that a civil rights bill could be enacted. Section 706 (b) was rather clearly intended to increase the role of States and localities in resolving charges
But neither this latter provision nor anything else in the legislative history contains any “suggestion that complainants in some' States were to be allowed to proceed with less diligence than those in other states.” Moore v. Sunbeam Corp., 459 F. 2d 811, 825, n. 35 (CA7 1972). The history identifies only one reason for treating workers in deferral States differently from workers in other States: to give state agencies an opportunity to redress the evil at which the federal legislation was aimed, and to avoid federal intervention unless its need was demonstrated.
To be sure, in deferral States having fair employment practices agencies over- one year old, Congress in effect gave com
In sum, the legislative history of the 1964 statute is entirely consistent with the wording of the statute itself.
B
In 1972, Congress amended § 706 by changing the general limitations period from 90 days to 180 days and correspondingly extended the maximum period for deferral States from 210 days to 300 days.
As initially introduced in the House of Representatives, the proposed 1972 amendments to Title VII would have deleted § 706 (b)’s prohibition against the filing of a federal charge until 60 days after the institution of state proceedings, and would have substituted language merely prohibiting the EEOC from taking any action on the charge until the prescribed period had elapsed.
It is true that a section-by-section analysis of the 1972 amendments filed by Senator Williams refers to the then recent decision of the Tenth Circuit in Vigil v. American Tel. & Tel. Co., 455 F. 2d 1222 (1972), see n. 16, supra, with approval, and that that case supports respondent’s reading of the Act. But we do not find that isolated reference — which was first inserted into the legislative history after the completion of the work of both the Senate Committee and House Committee, as well as after the Report of the joint conference just referred to
Ill
Finally we consider the additional points advanced in support of respondent’s position: (1) that it is unfair to victims of discrimination who often proceed without the assistance of counsel; (2) that it is contrary to the interpretation of the Act by the agency charged with responsibility for its enforce
The unfairness argument is based on the assumption that a lay person reading the statute would assume that he had 300 days in which to file his first complaint with either a state or federal agency. We find no merit in this argument. We believe that a lay person would be more apt to regard the general obligation of filing within 180 days as the standard of diligence he must satisfy,, and that one who carefully read the entire section would understand it to mean exactly what it says.
We must also reject any suggestion that the EEOC may adopt regulations that are inconsistent with the statutory mandate. As we have held on prior occasions, its “interpretation” of the statute cannot supersede the language chosen by Congress.
Finally, we reject the argument that the timeliness requirements would be adequately served by allowing the EEOC to treat a letter received on the 291st day as “filed” and interpreting the § 706 (c) prohibition as merely requiring it to postpone any action on the charge for at least 60 days. There are two reasons why this interpretation is unacceptable.
By choosing what are obviously quite short deadlines, Congress clearly intended to encourage the prompt processing of all charges of employment discrimination.
In the end, we cannot accept respondent’s position without unreasonably giving the word “filed” two different meanings in the same section of the statute. Even if the interests of justice might be served in this particular case by a bifurcated construction of that word, in the long run, experience teaches that strict adherence to the procedural requirements specified by the legislature is the best guarantee of evenhanded administration of the law.
Accordingly, the judgment of the Court of Appeals is reversed.
So ordered.
“In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection [(b)] by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated, provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such State or local law. If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State or local authority.” 86 Stat. 104.
“A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant dr seek relief from such practice
According to respondent’s complaint, he holds a master’s degree in economics from Columbia University. Record Item No. 1, p. 3.
The District Court stated that “[t]he period of limitation for filing a complaint with the New York State Division of Human Rights is one year. N. Y. Exec. Law § 297 (5) (McKinney Supp. 1977).” App. to Pet. for Cert. A14.
The determination by the New York State Division of Human Rights that there was no probable cause to believe Mohasco had engaged in the discriminatory conduct described by respondent was issued on February 9, 1977. That determination was upheld by order of the New York State Human Rights Appeal Board on December 22, 1977.
The notice was on a printed form which merely advised Mohasco of the name of the charging party, the date of the alleged violation, and that the nature of the charge was an alleged discharge on the basis of religion. The notice further advised Mohasco that “[bjecause of the Commission’s volume of pending work, we are unable to tell you when we are able to schedule investigation of this charge . . . .” App. 18. One might therefore infer that as of 1976, the EEOC had not overcome its enormous backlog as documented in 1971. See H. R. Rep. No. 92-238, p. 64 (1971), Legislative History of Equal Employment Opportunity Act of 1972 (Committee Print compiled for the Senate Committee on Labor and Public Welfare by the Subcommittee on Labor), p. 124 (1972) (hereinafter 1972 Leg. Hist.); S. Rep. No. 92-415, p. 23, 1972 Leg. Hist. 432; Occidental Life Ins. Co. v. EEOC, 432 U. S. 355, 369, n. 24.
App. to Pet. for Cert. A49.
App. 19.
Petitioner did not assert respondent’s failure to file the action within 90 days as a defense.
The pro se complaint prayed for an injunction against alleged continuing unlawful employment practices, compensatory damages against Mohasco and several of its executives jointly and severally in the sum of $100,000, and punitive damages against Mohasco in the sum of $1 million and against each individual defendant in the sum of $100,000. Record Item No. 1, p. 19. The District Court dismissed the complaint against the individual defendants on the ground that they had not been named in the original charge. The validity of that dismissal is not before us.
The District Court noted that the EEOC’s letter forwarding respondent’s charge to the state agency had stated that the EEOC would automatically file the charge “at the expiration date of the deferral period, unless the EEOC was notified of an earlier termination of proceedings by the Division of Human Rights.” App. to Pet. for Cert. A15 (emphasis in original). Thus, the Court concluded that the EEOC itself did not deem the charge filed until 60 days after June 15, 1976. Ibid.
Title 29 CFR § 1601.12 (b) (1) (v) (A) (1977) state:
“In cases where the document is submitted to the Commission more than 180 days from the date of the alleged violation but within the period of limitation of the particular 706 Agency, the case shall be deferred pursuant to the procedures set forth above: Provided, however, That unless the Commission is earlier notified of the termination of the State or local proceedings, the Commission will consider the charge to be filed with the Commission on the 300th day following the alleged discrimination and will commence processing the case. Where the State or local agency terminates its proceedings prior to the 300th day following the alleged act of discrimination, without notification to the Commission of such termination, the Commission will consider the charge to be filed with the Com*813 mission on the date the person making the charge is notified of the termination.”
A current regulation to substantially the same effect is found at 29 CFR §§ 1601.13 (a), (c), (d)(2) (in) (1979).
See n. 4, supra.
App. to Pet. for Cert. A15. See. n. 11, supra.
The 300-day period expired on June 24, 1976.
The decision of the Court of Appeals in this case is consistent with the decision of the Tenth Circuit in Vigil v. American Tel. & Tel. Co., 455 F. 2d 1222 (1972), but is in conflict with the decision of the Seventh Circuit in Moore v. Sunbeam Corp., 459 F. 2d 811 (1972). Anderson v. Methodist Evangelical Hospital, Inc., 464 F. 2d 723 (CA6 1972), cited Vigil with approval, though the court’s conclusion that the plaintiff’s filing in that case was timely would have been the same under the construction of § 706 adopted in the Moore case.
The approach of the Eighth Circuit, see Olson v. Rembrandt Printing Co., 511 F. 2d 1228 (1975), also conflicts with the decision of the Second Circuit in this case, but in a way that substantially differs from that of the Seventh Circuit decision in Moore. Olson held that in order to preserve his rights under Title VII, a complainant must under all circumstances initially file his charge with either a state fair employment practices agency or the EEOC within 180 days of the discriminatory occurrence. See also Geromette v. General Motors Corp., 609 F. 2d 1200 (CA6 1979) (citing Olson with approval, thus perhaps signalling a retreat from Anderson’s endorsement of Vigil); Rodriguez v. Southern Pacific Transp. Co., 587 F. 2d 980 (CA9 1978). Cf. Ciccone v. Textron Inc., 616 F. 2d 1216 (CA1 1980) (substantially same approach under similar provisions in the Age Discrimination in Employment Act, 29 U. S. C. §§ 621-634).
As indicated in n. 19, infra, we believe that the restrictive approach exemplified by Olson, is not supported by the statute. Under the Moore decision, which we adopt today, a complainant in a deferral State having a fair employment practices agency over one year old need only file his charge within 240 days of the alleged discriminatory employment practice in order to insure that his federal rights will be preserved. If a complainant files later than that (but not more than 300 days after the practice complained of), his right to seek relief under Title VII will nonetheless be preserved if the State happens to complete its consideration of the charge prior to the end of the 300-day period. In a State with a fair employment practices agency less than one year old, however, a complainant must file within 180 days in order to be sure that his federal rights will be preserved, since the EEOC must defer consideration during
The District Court refused to consider respondent’s allegations that discrimination in the form of blacklisting had continued beyond the date of his discharge, since in its view that allegation was not fairly comprised by respondent’s June 15, 1976, letter to the EEOC. The Court of Appeals unanimously reversed on that point, and remanded the case to the District Court. Petitioner sought review of that ruling in this Court, but we limited our grant of certiorari to the timeliness question discussed in today’s opinion. For purposes of decision, we assume that the discrimination complained of ended with respondent’s discharge on August 29, 1975.
Section 706 (e) is quoted in full in n. 2, supra.
This language has been construed to require that the filing with the state agency be made within 180 days. Olson v. Rembrandt Printing Co., see n. 16, supra. Although that construction is consistent with the general rule announced at the beginning of § 706 (e), and is supported by one Congressman’s understanding of the procedures at the time of the 1972 amendment to that section, see 1972 Leg. Hist. 1863 (remarks of Rep. Dent), Congress included no express requirement that state proceedings be initiated by any specific date in the portion of the subsection that relates to time limitations in deferral States. Further, there are contemporaneous indications in the legislative history, which, while not authoritative, contradict Representative Dent’s views. See nn. 41-43, infra. See also Doski v. M. Goldseker Co., 539 F. 2d 1326, 1330-1332 (CA4 1976) (rejecting both Olson and its reliance on the analysis of Rep. Dent).
In any event, we do not believe that a court should read in a time limitation provision that Congress has not seen fit to include, see Occidental Life Ins. Co. v. EEOC, 432 U. S. 355, at least when dealing with “a statutory scheme in which laymen, unassisted by trained lawyers initiate the process.” Love v. Pullman Co., 404 U. S. 522, 527. In contrast to the construction of the statute we adopt today, the Olson approach, urged upon us by petitioner and amici, is not compelled by the plain meaning of the statutory language.
The Court further noted that “[i]t is clear that Congress found nothing wrong, in this circumstance, with EEOC’s holding the charge in abeyance until a state agency is given a chance to act.” 404 U. S., at 526, n. 6.
Compare the 6-month limitations provision for filing complaints with the National Labor Relations Board under the Labor Management Relations Act, 29 U. S. C. § 160 (b).
We are not confronted with a case in which it is claimed that the plaintiff was reasonably unaware of the existence of his cause of action until after the expiration of the limitations period. Cf. United States v. Kubrick, 444 U. S. 111 (medical malpractice action).
See, e. g., S. Rep. No. 867, 88th Cong., 2d Sess., 1 (1964) (hereinafter 1964 Senate Report).
See also Hodgson v. Lodge 851, Int'l Assn. of Machinists & Aerospace Workers, 454 F. 2d 545, 562 (CA7 1971) (Stevens, J., dissenting).
See, e. g, Hearings on Miscellaneous Proposals Regarding the Civil Rights of Persons within the Jurisdiction of the United States before Subcommittee No. 5 of the House Judiciary Committee, 88th Cong., 1st Sess., 97, 188, 899, 2294 (1963) (hereinafter 1963 House Judiciary Committee Hearings). Others contained 1-year provisions, see id., at 10, 50, and at one point the Senate Committee on Labor and Public Welfare Committee recommended a bill with a 2-year provision. See 1964 Senate Report, at 13.
See, e. g., 1963 House Judiciary Committee Hearings, at 9-10, 50.
Id., at 2296; 1964 Senate Report, at 16.
See 110 Cong. Rec. 2511-2512, 12598 (1964).
Id., at 12593-12594 (remarks of Sen. Clark).
See id., at 11926, 13327.
The 1972 amendment added a new subsection (a) to § 706. Subsections (b) and (d) in the 1964 version with certain changes thus became the current subsections (c) and (e) in the amended 1972 version.
See 110 Cong. Ree. 11937 (1964) (remarks of Sen. Humphrey); id., at 8193, 13087 (remarks of Sen. Dirksen): “[W]ith respect to the enforcement of the title, we undertook to keep primary, exclusive jurisdiction in the hands of the State commissions for a sufficient period of time to let them work out their own problems at the local level.”
See id., at 12819.
At the time, it was believed that 60 days was more than sufficient time for state administrative resolution of employment discrimination complaints. See id., at 13087 (remarks of Sen. Dirksen): “In the case of California, FEPC [Fair Employment Practice Commission] cases are disposed of in an average of about 5 days. In my own State [Illinois] it is approximately 14 days.”
86 Stat. 104-105.
H. R. 1746, 92d Cong., 1st Sess. (Jan. 22, 1972), 1972 Leg. Hist. 4.
H. R. 1746, supra, 1972 Leg. Hist. 326.
S. 2515, 92d Cong., 2d Sess. (Feb. 21, 1971), 1972 Leg. Hist. 1781.
S. Rep. No. 92-681, p. 17 (1972), 1972 Leg. Hist. 1815:
“The Senate amendment contained two provisions allowing the Commission to defer to state and local equal employment opportunity agencies. It deleted the language of existing law providing that no charge may be filed during the 60-day period allowed for the deferral and substituted a provision prohibiting the Commission from acting on such a charge until the expiration of the 60-day period. The House bill made no change in existing law. The Senate receded with an amendment that would restate the existing law on the deferral-of charges to state agencies. The conferees left existing law intact with the understanding that the decision in Love v. Pullman [Co., 404] U. S. [522 (1972)] interpreting the existing law to allow the Commission to receive a charge (but not act on it) during such deferral period is controlling.” (Emphasis added.)
See n. 20, supra.
The section-by-section analysis is dated March 6, 1972. The Conference Report quoted in n. 39, supra, is dated March 2, 1972.
In Oscar Mayer & Co. v. Evans, 441 U. S. 750, 758, we rejected a similar argument: “Respondent argues finally that a Committee Report
“We are not persuaded. The Senate Report No. 95-493 was written 11 years after the ADEA was passed in 1967, and such ‘[legislative observations . . . are in no sense part of the legislative history.’ United Airlines, Inc. v. McMann, 434 U. S. 192, 200 n. 7 (1977). ‘It is the intent of the Congress that enacted [the section] . . . that controls.’ Teamsters v. United States, 431 U. S. 324, 354 n. 39 (1977). Whatever evidence is provided by the 1978 Committee Report of the intent of Congress in 1967, it is plainly insufficient to overcome the clear and convincing evidence that Congress intended § 14 (b) to have the same meaning as § 706 (c). We therefore hold that under § 14 (b) of the ADEA, as under § 706 (c) of Title VII, resort to administrative remedies in deferral States by individual claimants is mandatory, not optional.” (Footnotes omitted.)
See also Consumer Product Safety Comm’n v. GTE Sylvania, Inc., ante, at 116-120.
Indeed as we pointed out in n. 19, supra, Congressman Dent had an entirely different understanding of the limitations period that Congress adopted. Representative Dent’s remarks are dated March 8, 1972.
See General Electric Co. v. Gilbert, 429 U. S. 125, 140-142.
S. Rep. No. 92-415, p. 24 (1971), 1972 Leg. Hist. 433.
Dissenting Opinion
with whom Mr. Justice Brennan and Mr. Justice Marshall join, dissenting.
This might be viewed as “one of those cases that occasionally appears in the procedural area where it is more important that it be decided (in order to dispel existing conflict. ..) than that it be decided correctly.” Oscar Mayer & Co. v. Evans, 441 U. S. 750, 766 (1979) (concurring opinion). But I cannot concur in the result the Court reaches today. For reasons set out below, I believe that the Court’s decision neither is correct as a matter of statutory construction, nor does it dispel the existing decisional conflict, see ante, at 814-815, n. 16, in an acceptable fashion. I would affirm the holding of the Court of Appeals that, in a deferral State, a Title VII complaint is timely filed with the EEOC if it is “filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred.” § 706 (e), 42 U. S. C. § 2000e-5 (e).
The Court finds its interpretation of the interplay between §§ 706 (c) and (e) of Title VII, 42 U. S. C. §§ 2000e-5 (c) and (e), to be based upon a “rather straightforward reading of the statute.” Ante, at 818. That finding is cast into some doubt when one carefully considers the language, structure, and purpose of § 706. Moreover, the relevant legislative history leaves no room whatsoever for doubt that the Court’s perception of Congress’ intent is erroneous.
The rule the Court adopts today requires a Title VII complainant residing in a deferral State to file a charge of employment discrimination within 240 days of the allegedly unlawful act, in order to be certain that his complaint is timely. Yet the numeral “240” nowhere appears in Title VII. It seems a bit odd that Congress, in enacting “a statutory scheme in which laymen, unassisted by trained lawyers initiate the process,” Love v. Pullman Co., 404 U. S. 522, 527 (1972); see ante, at 816, n. 19, would create a filing rule that a complainant could not locate by reading any single statutory provision. One commentator has observed:
“A case of employment discrimination may require a party to refer to the United States Code for the first and only time in his life. An intelligent, but isolated reading of section 706 (e) could easily lead one to believe that 300 days is the time limitation for filing an initial claim with the EEOC. A complainant should not be penalized for Congressional ambiguity, or because he does not possess the reading ability of one trained in statutory interpretation. This indeed is the level of skill required to find the ‘hidden’ 240-day limitation advocated by the district court in Silver.” Comment, 55 Notre Dame Law. 396, 410 (1980).
Of course, as was stated just the other day, “[o]ur compass is not to read a statute to reach what we perceive ... is a ‘sensible result.’ ” Bifulco v. United States, ante, at 401
The Court of Appeals in this case viewed § 706 (e), standing alone, as stating the filing requirements for one who wishes to institute a charge of employment discrimination with the EEOC. It concluded that “the requirement in § 706 (c) that no charge be 'filed’ before the deferral period ends simply means that the EEOC may not process a Title VII complaint until sixty days after it has been referred to a state agency.” 602 F. 2d 1083, 1088 (1979) (emphasis supplied) . The dual meaning that the Court of Appeals gave to the word “filed” might seem strained at first blush, but that court’s interpretation is supported by the structure of Title VII. Reading the word “filed” to mean two different things in the two subsections avoids an interpretation of the statute that requires a lay person to determine the time requirements for filing a complaint through reference to two separate provisions. Moreover, the Court of Appeals’ interpretation of the meaning of the word “filed” in § 706 (c) in no way detracts from Congress’ purpose in enacting that subsection— to prevent the EEOC from taking action on a discrimination complaint until the relevant state agencies have had an opportunity to resolve the employee’s dispute with his employer. See ante, at 821. Given these considerations, I am not willing to reject the Court of Appeals’ interpretation of the statute out of hand.
Furthermore, examination of Title VII’s legislative history leads me to conclude that Congress, in 1972, adopted the interpretation of the statute that the Court of Appeals was later to espouse. In examining this legislative history, it is important to note that the EEOC, the agency charged by
In 1971, the pertinent House and Senate Committees both reported bills to amend Title VII that would have deleted the “no charge shall be filed” language from § 706 (c), and substituted in its place a provision that “the Commission shall take no action with respect to the investigation of such charge” until the deferral period had expired. See S. Rep. No. 92-415, p. 56 (1971); H. R. Rep. No. 92-238, p. 43 (1971).
The Conference Committee did not adopt the Senate bill’s version of § 706 (c), but its explanation for failing to do so is clear and is critical to an understanding of the effect of the 1972 amendments on the question presented here. The Conference Committee stated:
“The Senate amendment contained two provisions allowing the Commission to defer to state and local equal employment opportunity agencies. It deleted the language of existing law providing that no charge may be filed during the 60-day period allowed for the deferral and substituted a provision prohibiting the Commission from acting on such a charge until the expiration of the 60-day period. The House bill made no change in existing law. The Senate receded with an amendment that*831 would re-state the existing law on the deferral of charges to state agencies. The conferees left existing law intact with the understanding that the decision in Love v. Pullman [Co., 404] U. S. [522 (1972)] interpreting the existing law to allow the Commission to receive a charge (but not act on it) during such deferral period is controlling.” S. Conf. Rep. No. 92-681, p. 17 (1972); H. R. Conf. Rep. No. 92-899, p. 17 (1972) (emphasis supplied).
In addition, a section-by-section analysis prepared by Senators Williams and Javits, and presented to both Houses along with the Conference Report, contained the following explanation of re-enacted § 706 (c):
“No change . . . was deemed necessary in view of the recent Supreme Court decision of Love v. Pullman Co.... which approved the present EEOC deferral procedures as fully in compliance with the intent of the Act. That case held that the EEOC may receive and defer a charge to a State agency on behalf of a complainant and begin to process the charge in the EEOC upon lapse of the 60-day deferral period, even though the language provides that no charge can be filed under § 706 (a) by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law. Similarly, the recent circuit court decision in Vigil v. AT & T, [455] F. 2d [1222] . . . (10th Cir. 1972), which provided that in order to protect the aggrieved person’s right to file with the EEOC within the time periods specified in sections 706 (c) and (d), a charge filed with a State or local agency may also be filed with the EEOC during the 60-day deferral period, is unthin the intent of this Act.” 118 Cong. Rec. 7167 (1972) (Senate); id., at 7564 (House) (emphasis supplied)4
The Court concludes that Congress in 1972 “expressly rejected the language that would have mandated the exact
II
Despite the Court’s failure to give effect to the obvious intent of Congress in enacting the 1972 amendments, one might be tempted to go along with the rule it creates today if that rule had at least the advantage of creating a fixed and settled procedure for the filing of a Title YII complaint. But measured by the standard of practicality and ease of administration, I find the Court’s rule sadly wanting.
Contemplate for a moment the plight of the local EEOC officer charged with responsibility for explaining the Court’s rule to a prospective Title VII complainant in one of the Nation’s 42 deferral States.
The foregoing example demonstrates that the rule the Court adopts today serves only to add more complexity to the already complex procedural provisions of Title VII. To be sure, an employee will be able to guarantee timely filing by bringing a complaint to the attention of the EEOC within 240 days (a time limitation that nowhere appears in the text of the statute), but if that employee files his charge between day 240 and day 300, he must await further developments.
One wonders whether the Court has anticipated the prob
It remains for Congress to restrike “the balance,” ante, at 826, it plainly intended to set when it re-enacted §§ 706 (c) and (e) in 1972. I dissent from the Court’s adoption of a rule that both alters that balance and, at the same time, serves no useful end.
It seems significant that the Court today “adopts,” ante, at 814, n. 16, the decision in Moore v. Sunbeam Corp., 459 E. 2d 811 (CA7 1972), the initial opinion in which was filed prior to the passage of the 1972 reenactment of §§706 (c) and (e). See id., at 830 (order on petition for rehearing). In Moore, the Seventh Circuit stated that the legislative history of the 1972 re-enactment was not relevant to a proper interpretation of Title VII's filing requirements, as they were enacted in 1964. Ibid. Today, this Court goes a step further in failing to give that legislative history appropriate weight in interpreting the 1972 re-enactment.
The Senate Committee on Labor and Welfare explained the need for an amendment to the forerunner of §706 (c) in the following terms: “The only change in the present law is to delete the phrase ‘no charge may be filed’ with the Commission by an aggrieved person in [a deferral] State or locality. The present statute is somewhat ambiguous respecting Commission action on charges filed prior to resort to the State or local agency. The new language clarifies the present statute by permitting the
There is absolutely no support in the reports of the House debates for the Court’s implication, ante, at 822-823, that the House expressly considered the desirability of effecting a change in the forerunner to § 706 (c) and purposefully rejected the amendment that had been proposed by its Committee on Education and Labor.
The Court fails to credit the Williams-Javits section-by-section analysis as an authoritative interpretation of the 1972 re-enactment of §706,
The EEOC in its current regulations, 29 CFR § 1601.74 (a) (1979), lists 42 statewide deferral agencies, in addition to deferral agencies for the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and a substantial number of municipalities and counties.
The Court asserts that the prospective complainant will not be prejudiced unfairly by the adoption of its “240-day maybe” rule because “a lay person would be more apt to regard the general obligation of filing within 180 days as the standard of diligence he must satisfy.” Ante, at 825. The Court’s conclusion that the plain meaning of § 706 (e), standing alone, is that a charge must be filed within 180 days in a deferral State is myopic, at best.
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