Jay Lee GIBSON, Plaintiff-Appellant, v. MISSOURI Pac. R.R. Co. Et Al., Defendants-Appellees, 579 F.2d 890 (5th Cir. 1978). · Go Syfert
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Jay Lee GIBSON, Plaintiff-Appellant, v. MISSOURI Pac. R.R. Co. Et Al., Defendants-Appellees, 579 F.2d 890 (5th Cir. 1978). Cases Citing This Book View Copy Cite
“title vii of the civil rights act of 1964, 42 u.s.c.a. s 2000e-5 et seq., confers no right of action against the eeoc.”
44 citation events (21 in the last 25 years) across 20 distinct courts.
Strongest positive: Hawthorne v. U.S. Equal Employment Opportunity Commission (alnd, 2022-06-06)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hawthorne v. U.S. Equal Employment Opportunity Commission
N.D. Ala. · 2022 · quote attribution · 1 verbatim quote · confidence high
title vii of the civil rights act of 1964, 42 u.s.c.a. s 2000e-5 et seq., confers no right of action against the eeoc.
discussed Cited as authority (verbatim quote) Saunders v. U.S. Department of Veterans Affairs
E.D. La. · 2020 · quote attribution · 1 verbatim quote · confidence high
title vii . . . confers no right of action against the enforcement agency.
cited Cited as authority (rule) Bates v. Macon (MAG+)
M.D. Ala. · 2025 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir. 1978)); Williams v. U.S. Equal Emp’t Opportunity Comm’n, No. 23- CV-13000, 2024 WL 1771287 , at *2 (D.
cited Cited as authority (rule) Braidwood Management v. EEOC
5th Cir. · 2023 · confidence medium
R.R., 579 F.2d 890, 891 (5th Cir. 1978) (per curiam).
discussed Cited as authority (rule) Angus v. Mayorkas
5th Cir. · 2023 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir. 1978) (holding that Title VII does not confer a right of action against the EEOC for improper investigation or processing of an employment complaint); see also Daniels v. Caldera, 237 F.3d 631 , 2000 WL 1701699 , at *3 (5th Cir. 2000) (“There is no compelling justification to confer upon federal employee plaintiffs an ‘improper complaint processing’ _____________________ 11 In her briefing, Angus appears to believe that, had she been considered for the open positions under the Schedule A certificate, she would have been hired.
discussed Cited as authority (rule) Jones v. EEOC
5th Cir. · 2021 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir. 1978)); see also Ward v. EEOC, 719 F.2d 311, 312 (9th Cir. 1983) (concluding that “Congress neither expressly nor impliedly provided for an action against the EEOC for negligence”); Baba v. Japan Travel Bureau Int’l, 111 F.3d 2 , 6 (2d Cir. 1997) (“Title VII provides no express or implied cause of action against the EEOC for claims that the EEOC failed properly to investigate or process an employment discrimination charge.”).
discussed Cited as authority (rule) Angus v. Mayorkas
W.D. Tex. · 2020 · confidence medium
R.R., 579 F.2d 890, 891 (5th Cir. 1978) (holding that Title VII confers no right of action against the EEOC for improper investigation or processing of an employment discrimination charge); Ramseur v. Perez, 962 F. Supp. 2d 21, 29 (D.D.C. 2013) (holding that there is no cause of action under Title VII for delay or interference in the administrative process).
cited Cited as authority (rule) Metzinger v. Department of Veterans Affairs United States
E.D. La. · 2020 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir. 1978)).
cited Cited as authority (rule) Webster v. Esper
E.D. Va. · 2020 · confidence medium
Co., 579 F.2d 890, 891 (Sth Cir. 1978), cert. denied, 440 U.S. 921 (1979)); see also Mallik v. Sebelius, 964 F. Supp. 2d 531, 538 (D.
cited Cited as authority (rule) Ralph Irwin v. Miami-Dade County Public Schools
11th Cir. · 2010 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978) 4 There is no underlying state-law tort to support a claim under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b)(1).
cited Cited as authority (rule) Woodruff v. McPhie
D.C. Cir. · 2010 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978) (same).
cited Cited as authority (rule) Roger Reeves v. DSI Security Services
11th Cir. · 2009 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978) 2 (“Title VII ... confers no right of action against the enforcement agency.
cited Cited as authority (rule) Woodruff v. McPhie
D.D.C. · 2009 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978), cert. denied, 440 U.S. 921 , 99 S.Ct. 1245 , 59 L.Ed.2d 473 (1979).
cited Cited as authority (rule) Woodruff v. McPhie
D.D.C. · 2009 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir. 1978), cert. 6 denied, 440 U.S. 921 (1979).
cited Cited as authority (rule) Jerry Wayne Hill v. R. L. Brownlee
11th Cir. · 2006 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978).
cited Cited as authority (rule) Newsome v. EEOC
5th Cir. · 2002 · confidence medium
Ry., 579 F.2d 890, 891 (5th Cir. 1978) (“Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. s 2000e-5 Et seq., confers no right of action against the enforcement agency.
cited Cited as authority (rule) D'Alessandro v. Equal Employment Opportunity Commission
D. Del. · 2002 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978) (same).
cited Cited as authority (rule) Newsome v. Equal Employment Opportunity Commission
5th Cir. · 2002 · confidence medium
R.R., 579 F.2d 890, 891 (5th Cir.1978) (“Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e-5 et seq., confers no right of action against the enforcement agency.
cited Cited as authority (rule) Uberoi v. Equal Employment Opportunity Commission
D.D.C. · 2001 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978).
discussed Cited as authority (rule) Daniels v. Caldera
5th Cir. · 2000 · confidence medium
In Gibson v. Missouri Pacific Railroad Co., we held that “Title VII . . . confers no right of action against the [EEOC]” for improper investigation or processing of an employment discrimination charge. 579 F.2d 890, 891 (5th Cir. 1978); see also Baba v. Japan Travel Bureau Int’l., Inc., 111 F.3d 2 , 6 (2d Cir. 1997) (citing Gibson and cases from other circuits for support).
cited Cited as authority (rule) Pamela J. Jordan v. Lawrence H. Summers, Secretary, Department of the Treasury
7th Cir. · 2000 · confidence medium
R.R., 579 F.2d 890, 891 (5th Cir.1978).
cited Cited as authority (rule) Circuit City Stores, Inc. v. Equal Employment Opportunity Commission
E.D. Va. · 1999 · confidence medium
Co. 579 F.2d 890, 891 (5th Cir.1978) (per curiam), cert. denied 440 U.S. 921 , 99 S.Ct. 1245 , 59 L.Ed.2d 473 (1979)(same).
cited Cited as authority (rule) Terry v. Director, Complaint Adjudication Division, United States Equal Employment Opportunity Commission, Office of Federal Operations
E.D. Va. · 1998 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978); Feldstein v. EEOC, 547 F.Supp. 97, 100 (D.Mass.1982); Hall v. EEOC, 456 F.Supp. 695, 701 (N.D.Cal.1978).
cited Cited as authority (rule) Michael Smith v. Gilbert F. Casellas, Chairman, Equal Employment Opportunity Commission
D.C. Cir. · 1997 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978).
cited Cited as authority (rule) Storey v. Rubin
N.D. Ga. · 1997 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978).
cited Cited as authority (rule) 74 Fair empl.prac.cas. (Bna) 864, 70 Empl. Prac. Dec. P 44,592 Susan Baba v. Japan Travel Bureau International, Inc. New York State Division of Human Rights United States Equal Employment Opportunity Commission
2d Cir. · 1997 · confidence medium
R.R., 579 F.2d 890, 891 (5th Cir.1978); Marinoff v. Department of Housing & Urban Dev., 892 F.Supp. 493 , 496 (S.D.N.Y.1995); Lawrence v. EEOC, 728 F.Supp. 899, 903 (N.D.N.Y.1990) (McCurn, Ch.
cited Cited as authority (rule) Baba v. Japan Travel Bureau International, Inc.
2d Cir. · 1997 · confidence medium
R.R., 579 F.2d 890, 891 (5th Cir.1978); Marinoff v. Department of Housing & Urban Dev., 892 F.Supp. 493 , 496 (S.D.N.Y.1995); Lawrence v. EEOC, 728 F.Supp. 899, 903 (N.D.N.Y.1990) (McCurn, Ch.
discussed Cited as authority (rule) Forbes v. Reno
W.D. Pa. · 1995 · confidence medium
See, e.g., Ward, 719 F.2d at 314 ; Scheerer v. Rose State College, 950 F.2d 661, 663 (10th Cir. 1991); Francis-Sobel v. University of Maine, 597 F.2d 15, 18 (1st Cir.1979); Gibson v. Missouri Pacific Railroad, 579 F.2d 890, 891 (5th Cir.1978).
cited Cited as authority (rule) W.M. Scheerer v. Rose State College Equal Employment Opportunity Commission, Donald Burris, and Evan Kemp
10th Cir. · 1991 · confidence medium
R.R., 579 F.2d 890, 891 (5th Cir.1978), cert. denied, 440 U.S. 921 , 99 S.Ct. 1245 , 59 L.Ed.2d 473 (1979).
discussed Cited as authority (rule) Emmer Jackson v. Anthony M. Frank, Postmaster General, Dolores Rozzi
6th Cir. · 1990 · confidence medium
R.R., 579 F.2d 890, 891 (7th Cir.1978) (per curiam), cert. denied, 440 U.S. 921 (1979). 5 The court also properly granted summary judgment to the Postmaster General on Jackson's claims of employment discrimination because there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
cited Cited as authority (rule) Packer v. Garrett
D.D.C. · 1990 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978), cert. denied, 440 U.S. 921 , 99 S.Ct. 1245 , 59 L.Ed.2d 473 (1979); Svenson v. Thomas, 607 F.Supp. 1004 (D.D.C.1985).
discussed Cited as authority (rule) Young v. Sullivan
D.D.C. · 1990 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978), cert. denied, 440 U.S. 921 , 99 S.Ct. 1245 , 59 L.Ed.2d 473 (1979); Svenson v. Thomas, 607 F.Supp. 1004 (D.D.C.1985) (Harris, J.); see also Francis-Sobel v. University of Maine, 597 F.2d 15 (1st Cir.1979), cert. denied, 444 U.S. 949 , 100 S.Ct. 421 , 62 L.Ed.2d 319 (1979); Georator Corp. v. Equal Emp.
discussed Cited as authority (rule) Synanon Church v. United States
D.C. Cir. · 1987 · confidence medium
R.R., 579 F.2d 890, 892 (5th Cir.1978), cert. denied, 440 U.S. 921 (1979); Singer v. A. Hollander & Son, 202 F.2d 55 (3d Cir.1953); Reid v. United States, 421 F.Supp. 1244 (E.D.Cal.1976); International Rys of Central America v. United Brands Co., 405 F.Supp. 884 (D.C.N.Y.1975), aff'd, 532 F.2d 231 (2d Cir.), cert. denied, 429 U.S. 835 , 97 S.Ct. 101 , 50 L.Ed.2d 100 (1976). 16 .
cited Cited as authority (rule) Gillis v. United States Department of Health & Human Services
6th Cir. · 1985 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978), cert. denied, 440 U.S. 921 , 99 S.Ct. 1245 , 59 L.Ed.2d 473 (1979); Feldstein v. EEOC, 547 F.Supp. 97, 99 (D.Mass.1982).
cited Cited as authority (rule) Gillis v. United States Department Of Health And Human Services
6th Cir. · 1985 · confidence medium
Co., 579 F.2d 890, 891 (5th Cir.1978), cert. denied, 440 U.S. 921 , 99 S.Ct. 1245 , 59 L.Ed.2d 473 (1979); Feldstein v. EEOC, 547 F.Supp. 97, 99 (D.Mass.1982).
discussed Cited as authority (rule) Nazareen WARD, Plaintiff-Appellant, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendant-Appellee
9th Cir. · 1983 · confidence medium
See Stewart v. EEOC, 611 F.2d 679 , 682 (7th Cir.1979); Francis-Sobel v. University of Maine, 597 F.2d 15, 17 (1st Cir.), cert. denied, 444 U.S. 949 , 100 S.Ct. 421 , 62 L.Ed.2d 319 (1979); Gibson v. Missouri Pacific Railroad Co., 579 F.2d 890, 891 (5th Cir.1978), cert. denied, 440 U.S. 921 , 99 S.Ct. 1245 , 59 L.Ed.2d 473 (1979).
Retrieving the full opinion text from the archive…
29 Fair empl.prac.cas. 676, 17 Empl. Prac. Dec. P 8598 Jay Lee Gibson
v.
Missouri Pacific Railroad Company
78-1309.
Court of Appeals for the Fifth Circuit.
Sep 5, 1978.
579 F.2d 890
1978 U.S. App. LEXIS 9235
Jay Lee Gibson, pro se., Clarence M. Small, Jr., Birmingham, Ala., Everett R. Scott, Jr., Lake Charles, La., James P. Simpson, Dallas, Tex., for Missouri Pacific Railroad Co., Abner W. Sibal, Gary T. Brown, Joseph T. Eddins, Jr., Associate Gen., Beatrice Rosenberg, Asst. Gen. Counsel, E. E. O. C., Washington, D. C., for E. E. O. C., Ross & Kraushaar, Harold A. Ross, Cleveland, Ohio, for Switchmen and Trainmen.
Morgan, Clark, Tjo-Flat.
Cited by 43 opinions  |  Published
PER CURIAM:

On December 12, 1950, Jay Lee Gibson, then employed as an engineer for Missouri Pacific Railroad Co., was injured while in the course of his employment. He eventually recovered a jury award in an action against the Railroad under the Federal Employer’s Liability Act, 45 U.S.C.A. § 51 et seq. On July 1, 1958, four months after this judgment was collected, Gibson sought full reinstatement. The Railroad’s denial was carried through grievance procedures before the National Railroad Adjustment Board which were unavailing to Gibson, see Gibson v. Missouri Pacific Railroad Company, 441 F.2d 784 (5th Cir. 1971). The present action against the Railroad, the Equal Employment Opportunity Commission (EEOC), and the Brotherhood of Locomotive Engineers and other unions (unions) is predicated on the claim that racial discrimination occurring during the year 1950, as a result of Gibson’s endeavors on behalf of Negroes seeking employment in the Railroad’s Houston, Texas yards, caused the refusal to reinstate. We affirm the district court’s denial of relief.

The Railroad, EEOC, and unions contend the court lacks jurisdiction of the appeal because notice was not timely filed. An order dismissing Gibson’s action was entered on June 13, 1977. Gibson, aeting pro se, complained about the court’s decision in a letter filed June 21, 1977, which the court treated as a motion for rehearing. On August 12, 1977, the court entered an order denying rehearing relief and dismissing the case as to all defendants. In a letter filed on August 19, 1977, Gibson again communicated informally to the court his desire to be further heard on the matter and stated that both the judge who had entered the prior order of dismissal and the successor judge had talked with him and agreed to hear him further. On January 30, 1978, after hearing, the successor judge denied this record request for rehearing. In the order the court stated: “Because of some possible misunderstanding about the rehearing before Judge Hunter, I, after consulting with Judge Hunter, granted plaintiff a hearing on his motion for a rehearing.” On that same day Gibson noticed his appeal to this court from that order. In the unique status of the present proceeding conducted by a pro se plaintiff, we conclude that the notice of appeal was timely filed and that we have jurisdiction to determine the merits.

The action was properly dismissed as to the defendant EEOC. Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e-5 et seq., confers no right of action against the enforcement agency. Nothing done or omitted by EEOC affected Gibson’s rights. Their adverse determination could not have precluded, and in fact did not preclude, the present suit by Gibson. The relief sought of further investigation or action by the agency would be meaningless.

Gibson now asserts that his work on behalf of Negro fellow employees which took place in 1950 was the real reason he was not reinstated. His application for reinstatement was made and denied in 1958. Neither of these instances involve conduct covered by Title VII. Since the denial of reinstatement was not of a continuing nature, no cause of action can be based thereon. United States v. East Texas Motor [*892] Freight System, 564 F.2d 179 (5th Cir. 1977). Furthermore, the prior adjudication that Gibson was not reinstated because he had been found to be permanently disabled precludes this new form of attack. For each and both of these reasons, the Railroad was properly dismissed.

The action against the unions was properly dismissed for the same reasons applicable to the Railroad. Additionally, the complaint states no more than that the unions “became antagonistic” toward Gibson and that “by reason of a conspiracy which exists between the Railway Brotherhoods aforesaid and the Missouri Pacific Railroad Company,” Gibson was deprived of his rights. Such conclusory allegations are insufficient to state a cause of action for conspiracy.

AFFIRMED.