Equal Employment Opportunity Commission v. Commercial Office Products Co.

1988-05-16

Headline: Court rules that when a state agency waives its 60-day deferral, the EEOC may treat discrimination charges as filed, reversing lower courts and preserving the federal 300-day filing window for complainants.

Holding: The Court held that a state agency’s waiver of the 60-day deferral counts as a termination allowing the EEOC to deem the charge filed, and that the federal 300-day filing period applies despite missed state deadlines.

Real World Impact:

Allows EEOC to treat charges as filed when a state waives the 60-day deferral.
Keeps the federal 300-day filing window available even if state deadline was missed.
Reduces pointless 60-day delays while letting states reactivate claims after EEOC action.

Topics: filing deadlines, EEOC investigations, state work-sharing agreements, employment discrimination

Summary

Background

The case involves the EEOC, a Colorado woman who alleged sex discrimination, her former employer, and the Colorado Civil Rights Division (a state agency). The woman filed a charge with the EEOC well within the federal 300-day period but after the state’s 60-day deferral would have begun. Under a worksharing agreement, the state waived its exclusive 60-day processing right yet said it could act later. The employer refused an EEOC subpoena, arguing the EEOC lacked jurisdiction because the state had not “terminated” its proceedings and the charge was therefore untimely.

Reasoning

The Court addressed two questions: whether a state’s waiver of the 60-day deferral counts as a “termination” and whether missing a state filing deadline bars the federal 300-day period. The Court found the word "terminated" ambiguous and gave deference to the EEOC’s reasonable interpretation that a waiver or temporary cessation qualifies as termination for timing purposes. The Court also held that state time limits do not determine federal time limits, so the extended 300-day federal filing period can apply even if the complainant missed a state deadline. The Court reversed the Tenth Circuit and found the charge timely under Title VII.

Real world impact

The ruling lets the EEOC begin processing charges immediately when states waive the 60-day delay under worksharing agreements. It preserves access to federal enforcement within 300 days even when state filing deadlines were missed. The case was sent back for further proceedings on the merits; it resolves only timing and jurisdiction questions, not the discrimination claim itself.

Dissents or concurrances

Justice O'Connor joined much of the opinion but cautioned the Court should not foreclose other reasonable readings; Justice Stevens (joined by two others) dissented, arguing the statute’s plain language required a different result.