Cooper v. United States Postal Service

Background

A woman who alleged she lost a job because of her sex filed an administrative complaint with the Postal Service in December 1980. The Regional Postmaster General denied the complaint and told her she could appeal to the EEOC within 20 days or sue in federal court within 30 days under 42 U.S.C. §2000e-16(c). She filed suit on October 29, 1982, but did not serve the United States Attorney or Attorney General until January 1983 or the Postmaster General until February. The District Court dismissed the case for failing to name the proper defendant, the Postmaster General.

Reasoning

The main questions were whether the 30-day time limit is strictly jurisdictional or can be waived, tolled, or equitably extended, and whether an amendment adding the proper official could “relate back” under Rule 15(c). The Ninth Circuit held the 30-day period was a flat, jurisdictional requirement and applied a strict, literal reading of Rule 15(c), finding no relation back because the added defendant lacked notice within the 30-day period. The opinion notes a split among other Courts of Appeals that have applied a more flexible approach to notice and service.

Real world impact

By denying review, the Court left the Ninth Circuit’s strict approach in place for this case. That result means the plaintiff’s claim remained time-barred unless relation back would apply. The broader circuit split over Rule 15(c) and the 30-day limit remains unresolved in this decision.

Dissents or concurrances

Justice White dissented from the denial of review, arguing the two important issues and conflicting lower-court approaches warranted full consideration by the Court and that certiorari should have been granted.