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• Title: Moore v. Sunbeam Corp.
• Author : Seventh Circuit United States Court of Appeals
• Release Date : January 27, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Corrected Order on Petition for Rehearing The Order on Petition for Rehearing entered May 23, 1972, is hereby corrected to
read as follows: In support of a petition for rehearing, the Equal Employment Opportunity Commission has filed a brief amicus curiae calling
our attention to Vigil v. American Tel. & Tel., 455 F.2d 1222 (10th Cir. Feb. 18, 1972), which affirmed the district
court case cited in note 37 of our opinion. The Tenth Circuit held, in the alternative, (1) that the 210-day period was tolled
by EEOC referral to a state agency or (2) that the EEOC could treat the charge as "filed" when received but could defer processing
until the state agency had an opportunity to act1 The latter theory is the theory on which the Commission based the regulation
discussed and rejected at pages 18 through 20 of our opinion2 The EEOC has not attempted to defend its regulation in its
amicus brief. Instead, it relies on the "tolling" theory of the Vigil case, which, as we have noted, is inconsistent with
its own regulation. Although we did not expressly consider the tolling argument, since it was not urged upon us by Moore,
it is foreclosed by our analysis of the statute. In our view the statute provides a basic limitations period of 90 days, which
may be extended (or "tolled") to a maximum of 210 days. We do not think that Congress intended a further extension (or a second
"tolling") to achieve the same purpose (time for state consideration) as the original enlargement of the 90-day period to
210 days in those states which have a Fair Employment Practice Agency. If Congress had so intended, we believe it would have
included such a provision instead of the 210-day limitation. Moreover, the difficult questions of statutory construction will
seldom arise if the complainant's original filing is within the basic 90-day period. Although we may share the EEOC's view
that less diligence should have been required, we must respect the legislature's choice of the appropriate period of limitations,
whether that choice was made to effectuate the policies of the Act or as an element of a compromise that enabled it to pass.

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