At page 411 Modifying statute of limitations for prospective effect8 citing cases“it would be inequitable under such circumstances, and would frustrate the remedial purpose of the civil rights act, to apply the decision of this court so as to bar the claim of a party who filed suit within the period recommended by the administrative body which had been established to help vindic…”
- Montalvo-Figueroa v. DNA Auto Corp., 414 F. Supp. 3d 213 (D.P.R. 2019).published(Docket No. 25, Ex. 4 at p. 1.) As such, the reasoning applied by courts to the two-letter practice, see Larson § 74.07[1], at pp. 74-43 to -44; Lacy, 533 F.2d at 355-59; De Matteis, 520 F.2d at 411, provides equitable and statutory reason…
- Lemke v. Int'l Total Servs., Inc., 56 F. Supp. 2d 472 (D.N.J. 1999).published(stating that “[i]t would be inequitable under such circumstances, and would frustrate the remedial purpose of the Civil Rights Act, to apply the decision of this court so as to bar the claim of a party who filed suit wi…)
- Kenneth L. Walsche & Mary Audree Walsche v. First Investors Corp., 981 F.2d 649 (1st Cir. 1992).published (modifying judgment as to Title VII statute of limitations so that it would “have prospective effect only, from the date of the original decision, plus 90 days.)
- Susie J. Jackson v. Richards Med. Co., 961 F.2d 575 (6th Cir. 1992).published Co., 544 F.2d 1333, 1336 (5th Cir.1977); Ferguson v. The Kroger Company, 545 F.2d 1034 (6th Cir.1976); DeMatteis v. Eastman Kodak Co., 520 F.2d 409, 411 (2d Cir.1975).
- Spencer v. Banco Real, S.A., 87 F.R.D. 739 (S.D.N.Y. 1980).publishedCf. De-Matteis v. Eastman Kodak Co., supra, 520 F.2d at 411 (“It would be inequitable under such circumstances, and would frustrate the remedial purpose of the Civil Rights Act, to apply the decision of this court so as to bar the claim of…
- Mary SHEA, Appellant, v. CITY OF ST. PAUL, Appellee, 601 F.2d 345 (8th Cir. 1979).published See Zambuto v. American Telephone and Telegraph Co., 544 F.2d at 1336 ; DeMatteis v. Eastman Kodak Co., 520 F.2d at 411.
- Spencer v. Roudebush, 443 F. Supp. 149 (D. Del. 1977).publishedFinally, Dematteis was admittedly a case of first impression, 520 F.2d at 411, whereas the present case arises under a background that has seen expansion of rules requiring notice of a right to sue.
- George FORD, Plaintiff-Appellant, v. BERNARD FINESON Dev. Ctr., Defendant-Appellee, 81 F.3d 304 (2d Cir. 1996).published(It would be inequitable ... and would frustrate the remedial purpose of [Title VII of] the Civil Rights Act ... to bar the claim of a party who filed suit within the period recommended by the administrative body [the E…)
At page 410 Equitable tolling when administrative body issues erroneous notice9 citing caseson rehearing
- Glenn N. HEFNER, Etc., Plaintiff-Appellant, v. NEW ORLEANS Pub. Serv., INC., Et Al., Defendants-Appellees, 605 F.2d 893 (5th Cir. 1979).published (on rehearing)
- Perez v. Harbor Freight Tools, 698 F. App'x 627 (2d Cir. 2017).unpublished (finding equitable tolling doctrine applicable where the Commissioner of the EEOC admitted that the EEOC sent the plaintiff an erroneous right to sue letter)
- Lopez v. Bulova Watch Co., Inc., 582 F. Supp. 755 (D.R.I. 1984).publishedWaiters v. Robert Bosch Corp., 683 F.2d 89, 92 (4th Cir.1982) (Title VII); Gates v. Georgia-Pacific Corp., 492 F.2d 292, 295 (9th Cir.1974) (Title VII); cf. DeMatteis v. Eastman Kodak Co., 511 F.2d 306 , modified on reh’g, 520 F.2d 409, 41…
- Mary SHEA, Appellant, v. CITY OF ST. PAUL, Appellee, 601 F.2d 345 (8th Cir. 1979).published See Zambuto v. American Telephone and Telegraph Co., 544 F.2d at 1336 ; DeMatteis v. Eastman Kodak Co., 520 F.2d at 411.
- 14 Fair empl.prac.cas. 787, 15 Fair empl.prac.cas. 1115, 13 Empl. Prac. Dec. P 11,545, 14 Empl. Prac. Dec. P 7617 Frank L. Eastland, Individually & on Behalf of All Others Similarly Situated v. Tennessee Valley Auth., 553 F.2d 364 (5th Cir. 1977).publishedIn doing so, the court made it plain that if the notice was as represented by plaintiff on rehearing, the bar erected by the ninety day limitation was to be applied prospectively only, since plaintiff did, in fact, file his civil action wi…
- Eastland v. Tennessee Valley Auth., 553 F.2d 364 (5th Cir. 1977).publishedIn doing so, the court made it plain that if the notice was as represented by plaintiff on rehearing, the bar erected by the ninety day limitation was to be applied prospectively only, since plaintiff did, in fact, file his civil action wi…
- York v. Celanese Fibers Co., 416 F. Supp. 441 (D. Md. 1976).published Notwithstanding this determination, you still have a right pursuant to Section 706 of Title VII to request, in writing, that this Commission issue a Notice of Right to Sue authorizing you to institute a civil action in the appropriate Unit…
- 15 Fair empl.prac.cas. 487, 14 Empl. Prac. Dec. P 7754 John D. Page & Don Thomas v. U. S. Indus., Inc., Rebecca Williams v. Cle Corp., D/B/A Sheraton-Chateau Lemoyne, 556 F.2d 346 (5th Cir. 1977).publishedSee also DeMatteis v. Eastman Kodak Co., 520 F.2d 409, 410-11 (2d Cir.), on petition for rehearing from 511 F.2d 306 (2d Cir. 1975); Gates v. Georgia Pacific Corp., 492 F.2d 292, 295 (9th Cir. 1974); Stebbins v. Nationwide Mutual Ins.
analyzing the procedure for notification of an EEOC finding of "no reasonable cause.
- 16 Fair empl.prac.cas. 337, 15 Empl. Prac. Dec. P 7959 Patricia Lynn v. W. Gillette, Inc., Cyntitha Whittom v. Itt Cannon Elec., a Delaware Corp., 564 F.2d 1282 (9th Cir. 1977).published(analyzing the procedure for notification of an EEOC finding of "no reasonable cause.)
- L.Y.N.N. v. W. Gillette, Inc., 564 F.2d 1282 (9th Cir. 1977).published(analyzing the procedure for notification of an EEOC finding of “no reasonable cause.)
Other citing cases
- Guarneri v. Schoharei Cnty. Dept of Socail Serv., No. 1:21-cv-00991 (N.D.N.Y. Dec. 21, 2021).
- Thompson v. CRF-Cluster Model Prog., LLC, No. 1:19-cv-01360, 2020 WL 4735300 (S.D.N.Y. Aug. 14, 2020).
- Davis v. Willheim, No. 1:17-cv-05793 (S.D.N.Y. Apr. 17, 2020).
- Bond v. City of Middletown, 389 F. Supp. 2d 319 (D. Conn. 2005).published
- Asher Investments, Inc. v. City of Cincinnati, 701 N.E.2d 400 (Ohio Ct. App. 1st Dist. 1997).published
- The Cleveland Newspaper Guild, Local 1 v. The Plain Dealer Publ'g Co., 839 F.2d 1147 (6th Cir. 1988).published
- Payne v. Geary, 651 F. Supp. 1357 (E.D.N.Y. 1987).published
- B.Y.R.D. v. Long Island Lighting Co., 565 F. Supp. 1455 (E.D.N.Y. 1983).published
- Fiedler v. Marumsco Christian Sch., 631 F.2d 1144 (4th Cir. 1980).published
- United States v. B & L SUPPLY CO., 486 F. Supp. 26 (N.D. Tex. 1980).published
Show 7 more citing cases
- Melvin W. Coles v. Gen. Howard W. Penny, Dir., Def. Mapping Agency, 531 F.2d 609 (D.C. Cir. 1976).published
- Chance v. Bd. of Examiners, 70 F.R.D. 334 (S.D.N.Y. 1976).published
- Cruz v. Triangle Affiliates, Inc., 571 F. Supp. 1218 (E.D.N.Y. 1983).published
- Page v. U. S. Indus., Inc., 556 F.2d 346 (5th Cir. 1977).published
- Askins v. Imperial Reading Corp., 420 F. Supp. 413 (W.D. Va. 1976).published
- McKinnon v. Patterson, 425 F. Supp. 383 (S.D.N.Y. 1976).published
- Camack v. Hardee's Food Sys., Inc., 410 F. Supp. 469 (M.D.N.C. 1976).published
v.
Eastman Kodak Company
11 Fair Empl.Prac.Cas. 127,
10 Empl. Prac. Dec. P 10,336
David DeMATTEIS, Plaintiff-Appellant,
v.
EASTMAN KODAK COMPANY, Defendant-Appellee.
No. 320, Docket 74-1708.
United States Court of Appeals,
Second Circuit.
July 30, 1975.
Before KAUFMAN, Chief Judge, and ANDERSON and FEINBERG, Circuit judges.
ON REHEARING:
On February 6, 1975 this court affirmed that portion of the judgment of the United States District Court for the Western District of New York which dismissed as time barred a claim of unlawful employment practice brought by appellant DeMatteis against the Eastman Kodak Company under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, for the reason that the statutory 90-day limitation period began to run when the Equal Employment Opportunity Commission notified the parties that it had dismissed appellant's charge, and not, as appellant argued, when he later received a "Notice of Right to Sue," which was held to be jurisdictionally irrelevant under the facts of the present case.[1]
On February 27, 1975 appellant filed a petition for rehearing of the case, in which he maintained that, contrary to the representations hitherto made to this court, he had not received, together with the "Notice of Determination" which disclosed that appellant's charge had been dismissed, a covering letter similar to the one the Commission sent to Kodak, which stated in essence that appellant had the right to proceed directly in the federal court,[2] but another, quite different letter stating that a notice of right to sue must first be obtained.[3] The Commission agrees that appellant had received the latter communication, and not the former. The defendant-appellee, Eastman Kodak Company, does not, however, concede the truth of these assertions and there remains an issue of fact to be determined by the district court.
Whereas it was proper under the facts as previously developed in this case to attribute the decision to apply for a notice of right to sue to counsel's misreading of the statute and applicable regulations, the Commission has now confessed error in that it had explicitly directed that such permission was required. If it is true, as DeMatteis now asserts, that he received the Commission regular form letter which stated that the recipient has 90 days "from the receipt of this notice" to commence a civil action in the United States District Court,[4] it is reasonable to conclude, as the Commission itself admits in its amicus brief filed on appellant's behalf, that appellant, in reliance on the Commission's erroneous instructions, filed suit within 90 days of his receipt of the notice of right to sue, which date, however, was more than 90 days after he had been notified of the Commission's dismissal of his charge. The appellant contends that his Title VII claim should not be barred because he was misled by the Commission into filing an untimely action.
Although we see no reason to change our decision that the statute of limitations begins to run on a Title VII claim, which the Commission has dismissed because it has determined after an investigation that there is not reasonable cause to believe that the allegation is true, when the Commission notified the parties of its action, "(w)e should not indulge in the fiction that the law now announced has always been the law and, therefore, that those who did not avail themselves of it waived their rights." Griffin v. Illinois, 351 U.S. 12, 26, 76 S.Ct. 585, 594, 100 L.Ed. 891 (1956) (Frankfurter, J., concurring in judgment). The issue in this case was one of first impression which this court resolved in a manner which, as witnessed by the Commission's earlier contrary instructions, was not clearly foreshadowed. It would be inequitable under such circumstances, and would frustrate the remedial purpose of the Civil Rights Act, to apply the decision of this court so as to bar the claim of a party who filed suit within the period recommended by the administrative body which had been established to help vindicate such statutory rights.
In view of these considerations we hereby modify our judgment in this case so that the portion thereof which deals with the Title VII claim will have prospective effect only, from the date of the original decision, plus 90 days, so that it will first apply to actions, wherein appellants or applicants have been misled by the Commission, brought under § 706 of Title VII on and after May 7, 1975. See, Chevron Oil Co. v. Huson, 404 U.S. 97, 105-09, 92 S.Ct. 349, 30 L.Ed.2d 296 (1971). We also must necessarily reverse that portion of the district court's judgment which, although based on a proper interpretation of the statute, dismissed appellant's claim under 42 U.S.C. § 2000e-2, and remand it for further proceedings, subject to findings by the district court as to the truth of the facts asserted by the plaintiff-appellant in his motion for rehearing. If it finds that the facts are in substance as DeMatteis has alleged, then and in that event the district court shall proceed with the case de novo. If, on the other hand, the district court finds that DeMatteis was not misled by any action of the Commission, then the district court shall dismiss the case.
The judgment of this court is reaffirmed in all other respects.
511 F.2d 306 (2 Cir. 1975)
The letter which appellant previously claimed to have received is reprinted in pertinent part in footnote 3 of the original opinion
The letter which appellant actually did receive stated in pertinent part:
"Based upon a full investigation of this matter, this Commission has determined that the facts upon which your charge is based do not constitute a violation of Title VII of the Civil Rights Act of 1964, as amended.
Notwithstanding this determination, you still have a right pursuant to Section 706 of Title VII to request, in writing, that this Commission issue a Notice of Right to Sue authorizing you to institute a civil action in the appropriate United States District Court." (Emphasis added.)
The Notice of Right to Sue is reprinted in footnote 4 of the original opinion