Kamberos v. GTE Automatic Electric, Inc.

Background

A woman lawyer was refused a job because the employer said it wanted a man. She filed a complaint with the Equal Employment Opportunity Commission (EEOC) the same day and waited more than four years while the EEOC tried to resolve the matter through conciliation. After conciliation failed, the EEOC issued a right-to-sue letter and she sued; a trial court awarded prospective relief and over $100,000 in backpay dating from her 1969 charge. The Seventh Circuit agreed she proved discrimination but ordered the backpay reduced for the period she could have requested a right-to-sue letter.

Reasoning

The central question was whether a person who files an EEOC complaint must ask for a right-to-sue letter instead of waiting for EEOC conciliation, and whether waiting can justify cutting backpay. Courts disagree: the Fifth Circuit said plaintiffs may await conciliation and not be penalized, while the Seventh reduced recovery for waiting. The Supreme Court denied review of the Seventh Circuit’s decision. Justice White (joined by Justices Brennan and Marshall) dissented from the denial, arguing the courts are split, the statute and EEOC rules do not require an early request, and the issue deserved clarification.

Real world impact

Because the Court refused to take the case, the Seventh Circuit’s reduction stands for this dispute, and a circuit split remains. Job discrimination claimants and their lawyers face uncertainty about whether waiting for EEOC efforts could cost them backpay. Employers and courts may reach different results depending on the federal appeals court in their region.

Dissents or concurrances

Justice White would have granted review to resolve the split and remove confusion about whether waiting for EEOC conciliation can lead to reduced remedies.