Crosslin Et Vir v. Mountain States Telephone & Telegraph Co.

Background

A group of individuals who said they faced racial discrimination at work sued their employer, a regional telephone company, after filing a complaint with the Equal Employment Opportunity Commission (EEOC). They did not first bring their claim to the Arizona Civil Rights Commission. The EEOC found reasonable cause, issued a statutory notice allowing a federal lawsuit, and the suit was filed on time. The Court of Appeals held the case should have been dismissed because the state agency should have had the initial chance to act.

Reasoning

The key question is whether people must first present discrimination complaints to a state agency even when that agency can only try to resolve disputes by conciliation and persuasion. The Ninth Circuit read Title VII to require initial submission to the state agency. The Supreme Court granted review, vacated the Ninth Circuit’s judgment, and remanded the case to the federal district court in Arizona to reconsider in light of suggestions in the Solicitor General’s amicus brief filed November 19, 1970. The Court said the remand does not express any view on the underlying legal merits.

Real world impact

The ruling sends this lawsuit back for further consideration but does not decide whether claimants nationwide must first pursue state remedies. Employees, employers, and state civil-rights agencies in Arizona and similar States may face further proceedings and uncertainty while the courts reconsider. This is not a final resolution of the legal question.

Dissents or concurrances

Justice Douglas dissented, saying the issue is important and that he would have granted full review to decide whether claimants should be required to pursue state remedies that the EEOC finds inadequate; he named Arizona and six other States as having such agencies.