Johnson v. Railway Express Agency, Inc.

Background

Willie Johnson, a Black employee of Railway Express Agency in Memphis, filed an EEOC charge on May 31, 1967, alleging racial discrimination in seniority and job assignments. After his June 20, 1967 discharge he amended the charge to include the firing. The EEOC issued supportive findings and later a right‑to‑sue notice in January 1971. Johnson then sued under Title VII and under section 1981 (a separate civil‑rights law). The District Court dismissed the §1981 claim as barred by Tennessee’s one‑year statute; the Sixth Circuit affirmed. The Supreme Court granted review limited to whether the EEOC filing tolled the §1981 limitation.

Reasoning

The Court framed the core question as whether a timely EEOC charge pauses (tolls) the running of a state statute of limitations for a separate §1981 lawsuit. It held that Title VII and §1981 provide independent remedies and that, in the absence of a federal rule saying otherwise, the federal claim borrows the state limitation period and its tolling rules. The Court distinguished earlier federal tolling cases (like American Pipe and Burnett) because those involved federal limitation periods and stronger federal policies supporting tolling. The Court concluded Johnson had slept on his §1981 right and affirmed the lower court’s ruling that the §1981 claim was time‑barred.

Real world impact

The decision means that, unless a state statute or federal law provides otherwise, filing an EEOC charge will not automatically preserve time to bring a separate §1981 lawsuit. Employees who want both administrative and independent §1981 remedies must take steps to protect each claim promptly.

Dissents or concurrances

Justice Marshall (joined by Justices Douglas and Brennan) agreed the remedies are independent but would have tolled the limitation, arguing tolling better serves conciliation and avoids forcing premature, duplicative litigation.