Love v. Pullman Co.

United States Supreme Court

404 U.S. 522

Love  v.  Pullman Co.

Certiorari to the United States Court of Appeals for the Tenth Circuit

No. 70-5033  Argued: November 16, 1971 --- Decided: January 17, 1972^[1]

Procedure whereby the Equal Employment Opportunity Commission (EEOC), after having received a written charge from a complainant of discrimination in violation of Title VII of the Civil Rights Act of 1964, orally referred it to the appropriate state agency, waited until that agency had terminated its jurisdiction, and then formally filed the charge on behalf of the complainant without having obtained an additional written charge within 30 days of the termination of the state proceedings held to satisfy the requirements of §§ 706 (b) and (d) of the Act, which have the purpose of affording state agencies prior opportunity to consider discrimination complaints and ensuring their prompt filing and disposition by the EEOC on exhaustion of the state remedy. Pp. 523-527.

430 F. 2d 49, reversed.

STEWART, J., delivered the opinion of the Court, in which all members joined except POWELL and REHNQUIST, JJ., who took no part in the consideration or decision of the cases.

Hugh J. McClearn argued the cause for petitioner in No. 70-5033. With him on the brief was Gail L. Ireland. Deputy Solicitor General Wallace argued the cause for the United States et al. With him on the brief were Solicitor General Griswold, Acting Assistant Attorney General Norman, David L. Rose, Stanley Hebert, and Julia P. Cooper.

Edward C. Eppich argued the cause and filed a brief for respondent in both cases.

Nathaniel R. Jones filed a brief for the National Association for the Advancement of Colored People as amicus curiae urging reversal in No. 70-5033.

Notes

1. Together with No. 70-37, United States et al. v. Pullman Co., also on certiorari to the same court.