Lynn v. Western Gillette, Inc.

In 1972, Congress amended Title VII of the Civil Rights Act of 1964 (Title VII) to allow the Equal Employment Opportunity Commission (EEOC) to initiate enforcement lawsuits. The statute required parties to file EEOC discrimination charges within 180 days of the alleged act of discrimination. The EEOC was required to investigate and determine whether there was reasonable cause to believe a charge was true within 120 days. If cause was not found, the EEOC must dismiss the charge. If cause was found, conciliation should be tried. Further, the statute required the EEOC to notify the charging party (1) if the commission dismisses the charge, (2) if within 180 days from the filing of the charge the commission has not filed a civil action against the employer, or (3) if within 180 days from the filing of the charge the commission has not entered into a conciliation agreement. Once notified, the party had 90 days to file a private lawsuit. Cyntitha Whittom (plaintiff) filed an EEOC sex-discrimination charge against her former employer, ITT Cannon Electric (defendant). On April 25, 1973, the EEOC sent a letter to Whittom informing her that conciliation efforts had failed but not advising her of her right to file a lawsuit as required by EEOC regulations then in effect. The EEOC finally issued a right-to-sue letter on November 7, 1974. Eighty-eight days later, Whittom commenced her action in district court, which dismissed the case as untimely based on the earlier date of the conciliation-failure notice. Patricia Lynn (plaintiff) filed an EEOC sex-discrimination charge against her employer, Western Gilette, Inc. (defendant). Lynn experienced a pattern of EEOC notice similar to Whittom, and her case was also dismissed as untimely by the district court. The two cases were consolidated on appeal.