Kremer v. Chemical Construction Corp.

456 U.S. 461, 102 S. Ct. 1883, 72 L. Ed. 2d 262, 1982 U.S. LEXIS 104, 50 U.S.L.W. 4487, 28 Empl. Prac. Dec. (CCH) 32,674, 28 Fair Empl. Prac. Cas. (BNA) 1412

• Court: Supreme Court of the United States
• Decided: May 17, 1982
• Docket: 80-6045
• Status: Published

Opinions

Justice White

delivered the opinion of the Court.

As one of its first acts, Congress directed that all United States courts afford the same full faith and credit to state court judgments that would apply in the State’s own courts. Act of May 26, 1790, ch. 11, 1 Stat. 122, 28 U. S. C. § 1738. More recently, Congress implemented the national policy against employment discrimination by creating an array of substantive protections and remedies which generally allows federal courts to determine the merits of a discrimination claim. Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et seq. (1976 ed. and Supp. IV). The principal question presented by this case is whether Congress intended Title VII to supersede the principles of comity and repose embodied in § 1738. Specifically, we decide whether a federal court in a Title VII case should give preclusive effect to a decision of a state court upholding a state administrative agency’s rejection of an employment discrimination claim as meritless when the state court’s decision would be res judicata in the State’s own courts.

HH

Petitioner Rubin Kremer emigrated from Poland in 1970 and was hired in 1973 by respondent Chemical Construction Corp. (Chemico) as an engineer. Two years later he was laid off, along with a number of other employees. Some of these employees were later rehired, but Kremer was not although he made several applications. In May 1976, Kremer filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC), asserting that his discharge and failure to be rehired were due to his national origin and Jewish faith. Because the EEOC may not consider a claim until a state agency having jurisdiction over employment discrimination complaints has had at least 60 days to resolve the matter, § 706(c), 42 U. S. C. § 2000e-5(c),¹ the Commission referred Kremer’s charge to the New York State Division of Human Rights (NYHRD), the agency charged with enforcing the New York law prohibiting employment discrimination. N. Y. Exec. Law §§295(6), 296(1)(a) (McKinney 1972 and Supp. 1981-1982).

After investigating Kremer’s complaint,² the NYHRD concluded that there was no probable cause to believe that Chemico had engaged in the discriminatory practices complained of. The NYHRD explicitly based its determination on the findings that Kremer was not rehired because one employee who was rehired had greater seniority, that another employee who was rehired filled a lesser position than that previously held by Kremer, and that neither Kremer’s creed nor age was a factor considered in Chemico’s failure to rehire him. The NYHRD’s determination was upheld by its Appeal Board as “not arbitrary, capricious or an abuse of discretion.” Kremer again brought his complaint to the attention of the EEOC and also filed, on December 6, 1977, a petition with the Appellate Division of the New York Supreme Court to set aside the adverse administrative determination. On February 27, 1978, five justices of the Appellate Division unanimously affirmed the Appeal Board’s order. Kremer could have sought, but did not seek, review by the New York Court of Appeals.

Subsequently, a District Director of the EEOC ruled that there was no reasonable cause to believe that the charge of discrimination was true and issued a right-to-sue notice.³ The District Director refused a request for reconsideration, noting that he had reviewed the case files and considered the EEOC’s disposition as “appropriate and correct in all respects.”

Kremer then brought this Title VII action in District Court, claiming discrimination on the basis of national origin and religion.⁴ Chemico argued from the outset that Kremer’s Title VII action was barred by the doctrine of res judicata. The District Court initially denied Chemico’s motion to dismiss. 464 F. Supp. 468 (SDNY 1978). The court noted that the Court of Appeals for the Second Circuit had recently found such state determinations res judicata in an action under 42 U. S. C. § 1981, Mitchell v. National Broadcasting Co., 553 F. 2d 265 (1977), but distinguished Title VII cases because of the statutory grant of de novo federal review. Several months later the Second Circuit extended the Mitchell rule to Title VII cases. Sinicropi v. Nassau County, 601 F. 2d 60 (per curiam), cert. denied, 444 U. S. 983 (1979). The District Court then dismissed the complaint on grounds of res judicata. 477 F. Supp. 587 (SDNY 1979). The Court of Appeals refused to depart from the Sinicropi precedent and rejected petitioner’s claim that Sinicropi should not be applied retroactively. 623 F. 2d 786 (1980).

A motion for rehearing en banc was denied, and petitioner filed for a writ of certiorari. We issued the writ, 452 U. S. 960 (1981), to resolve this important issue of federal employment discrimination law over which the Courts of Appeals are divided.⁵ We now affirm.

HH I — l

Section 1738 requires federal courts to give the same pre-clusive effect to state court judgments that those judgments would be given in the courts of the State from which the judgments emerged.⁶ Here the Appellate Division of the New York Supreme Court has issued a judgment affirming the decision of the NYHRD Appeals Board that the discharge and failure to rehire Kremer were not the product of the discrimination that he had alleged. There is no question that this judicial determination precludes Kremer from bringing “any other action, civil or criminal, based upon the same grievance” in the New York courts. N. Y. Exec. Law §300 (McKinney 1972). By its terms, therefore, §1738 would appear to preclude Kremer from relitigating the same question in federal court.

Kremer offers two principal reasons why § 1738 does not bar this action. First, he suggests that in Title VII cases Congress intended that federal courts be relieved of their usual obligation to grant finality to state court decisions. Second, he urges that the New York administrative and judicial proceedings in this case were so deficient that they are not entitled to preclusive effect in federal courts and, in any event, the rejection of a state employment discrimination claim cannot by definition bar a Title VII action. We consider this latter contention in Part III.

A

Allen v. McCurry, 449 U. S. 90, 99 (1980), made clear that an exception to § 1738 will not be recognized unless a later statute contains an express or implied partial repeal. There is no claim here that Title VII expressly repealed § 1738; if there has been a partial repeal, it must be implied. “It is, of course, a cardinal principle of statutory construction that repeals by implication are not favored,” Radzanower v. Touche Ross & Co., 426 U. S. 148, 154 (1976); United States v. United Continental Tuna Corp., 425 U. S. 164, 168 (1976), and whenever possible, statutes should be read consistently. There are, however,

“ ‘two well-settled categories of repeals by implication— (1) where provisions in the two acts are in irreconcilable conflict, the later act to the extent of the conflict constitutes an implied repeal of the earlier one; and (2) if the later act covers the whole subject of the earlier one and is clearly intended as a substitute, it will operate similarly as a repeal of the earlier act. But, in either case, the intention of the legislature to repeal must be clear and manifest . . . Radzanower v. Touche Ross & Co., supra, at 154, quoting Posadas v. National City Bank, 296 U. S. 497, 503 (1936).

The relationship of Title VII to § 1738 does not fall within either of these categories. Congress enacted Title VII to assure equality of employment opportunities without distinction with respect to race, color, religion, sex, or national origin. Alexander v. Gardner-Denver Co., 415 U. S. 36, 44 (1974); McDonnell Douglas Corp. v. Green, 411 U. S. 792, 800 (1973). To this end the EEOC was created and the federal courts were entrusted with ultimate enforcement responsibility. State antidiscrimination laws, however, play an integral role in the congressional scheme. Whenever an incident of alleged employment discrimination occurs in a State or locality which by law prohibits such discrimination and which has established an “authority to grant or seek relief from such [discrimination] or to institute criminal proceedings with respect thereto,” no charge of discrimination may be actively processed by the EEOC until the state remedy has been invoked and at least 60 days have passed, or the state proceedings have terminated. § 706(c), 42 U. S. C. § 2000e-5(c). Only after providing the appropriate state agency an opportunity to resolve the complaint may an aggrieved individual press his complaint before the EEOC. In its investigation to determine whether there is reasonable cause to believe that the charge of employment discrimination is true, the Commission is required to “accord substantial weight to final findings and orders made by State and local authorities in proceedings commenced under State or local law” pursuant to the limited deferral provisions of § 706, but is not bound by such findings. Alexander v. Gardner-Denver Co., supra, at 48, n. 8. If the EEOC finds reasonable cause to believe that discrimination has occurred, it undertakes conciliation efforts to eliminate the unlawful practice; if these efforts fail, the Commission may elect to bring a civil action to enforce the Act. If the Commission declines to do so, or if the Commission finds no reasonable cause to believe that a violation has occurred, “a civil action” may be brought by an aggrieved individual. § 706(f)(1), 42 U. S. C. § 2000e-5(f)(1).

No provision of Title VII requires claimants to pursue in state court an unfavorable state administrative action, nor does the Act specify the weight a federal court should afford a final judgment by a state court if such a remedy is sought. While we have interpreted the “civil action” authorized to follow consideration by federal and state administrative agencies to be a “trial de novo,” Chandler v. Roudebush, 425 U. S. 840, 844-845 (1976); Alexander v. Gardner-Denver Co., supra, at 38; McDonnell Douglas Carp. v. Green, supra, at , neither the statute nor our decisions indicate that the final judgment of a state court is subject to redetermination at such a trial. Similarly, the congressional directive that the EEOC should give “substantial weight” to findings made in state proceedings, § 706(b), 42 U. S. C. § 2000e-5(b), indicates only the minimum level of deference the EEOC must afford all state determinations; it does not bar affording the greater preclusive effect which may be required by § 1738 if judicial action is involved.⁷ To suggest otherwise, to say that either the opportunity to bring a “civil action” or the “substantial weight” requirement implicitly repeals § 1738, is to prove far too much. For if that is so, even a full trial on the merits in state court would not bar a trial de novo in federal court and would not be entitled to more than “substantial weight” before the EEOC. The state courts would be placed on a one-way street; the finality of their decisions would depend on which side prevailed in a given case.⁸

Since an implied repeal must ordinarily be evident from the language or operation of a statute, the lack of such manifest incompatability between Title VII and § 1738 is enough to answer our inquiry. No different conclusion is suggested by the legislative history of Title VII. Although no inescapable conclusions can be drawn from the process of enactment,⁹ the legislative debates surrounding the initial passage of Title VII in 1964 and the substantial amendment adopted in 1972 plainly do not demonstrate that Congress intended to override the historic respect that federal courts accord state court judgments.¹⁰

At the time Title VII was written, over half of the States had enacted some form of equal employment legislation.¹¹ Members of Congress agreed that the States should play an important role in enforcing Title VII, but also felt the federal system should defer only to adequate state laws.¹² Congress considered a number of possible ways of achieving these goals, ranging from limiting Title VIPs jurisdiction to States without fair employment laws to having Congress or the President assess the adequacy of state laws. As Title VII emerged from the House, it empowered the EEOC to assess the adequacy of state laws and procedures. § 708(b), H. R. 7152, 88th Cong., 2d Sess. (1964). The Senate bill that was finally signed into law widened the state role by guaranteeing all States with fair employment practices laws an initial opportunity to resolve charges of discrimination. 42 U. S. C. § 2000e-5(c). Senator Humphrey, an advocate of strong enforcement, emphasized the state role under the legislation:

“We recognized that many States already have functioning antidiscrimination programs to insure equal access to places of public accommodation and equal employment opportunity. We sought merely to guarantee that these States — and other States which may establish such programs — will be given every opportunity to employ their expertise and experience without premature interference by the Federal Government.” 110 Cong. Rec. 12725 (1964).

Indeed, New York’s fair employment laws were referred to in the congressional debates by proponents of the legislation as an example of existing state legislation effectively combating employment discrimination.¹³

Nothing in the legislative history of the 1964 Act suggests that Congress considered it necessary or desirable to provide an absolute right to relitigate in federal court an issue resolved by a state court. While striving to craft an optimal niche for the States in the overall enforcement scheme, the legislators did not envision full litigation of a single claim in both state and federal forums.¹⁴ Indeed, the requirement of a trial de novo in federal district court following EEOC proceedings was added primarily to protect employers from overzealous enforcement by the EEOC. A memorandum signed by seven Representatives accompanying the compromise measure ultimately adopted, concluded that “we believe the employer or labor union will have a fairer forum to establish innocence since a trial de novo is required in district court proceedings.” H. R. Rep. No. 914, 88th Cong., 1st Sess., pt. 2, p. 29 (1963). Similar views were expressed in 1972 when Congress reconsidered whether to give the EEOC adjudicatory and enforcement powers.¹⁵ There is also reason to believe that Congress required that the EEOC give state findings “substantial weight” because the Commission had too freely ignored the determinations handed down by state agencies.¹⁶

An important indication that Congress did not intend Title VII to repeal § 1738’s requirement that federal courts give full faith and credit to state court judgments is found in an exchange between Senator Javits, a manager of the 1972 bill, and Senator Hruska. Senator Hruska, concerned with the potential for multiple independent proceedings on a single discrimination charge, had introduced an amendment which would have eliminated many of the duplicative remedies for employment discrimination. Senator Javits argued that the amendment was unnecessary because the doctrine of res judicata would prevent repetitive litigation against a single defendant:

“[T]here is the real capability in this situation of dealing with the question on the basis of res judicata. In other words once there is a litigation — a litigation started by the Commission, a litigation started by the Attorney General, or a litigation started by the individual — the remedy has been chosen and can be followed through and no relitigation of the same issues in a different forum would be permitted.” 118 Cong. Rec. 3370 (1972).¹⁷

Senator Williams, another proponent of the 1972 bill, echoed Senator Javits’ remarks: “I do not believe that the individual claimant should be allowed to litigate his claim to completion in one forum, and then if dissatisfied, go to another forum to try again.” Id., at 3372. After Senator Javits and Senator Williams spoke, an evenly divided Senate refused to approve the Hruska amendment.

It is sufficiently clear that Congress, both in 1964 and 1972, though wary of assuming the adequacy of state employment discrimination remedies, did not intend to supplant such laws. We conclude that neither the statutory language nor the congressional debates suffice to repeal § 1738’s longstanding directive to federal courts.

B

Our finding that Title VII did not create an exception to § 1738 is strongly suggested if not compelled by our recent decision in Allen v. McCurry that preclusion rules apply in 42 U. S. C. § 1983 actions and may bar federal courts from freshly deciding constitutional claims previously litigated in state courts. Indeed, there is more in § 1983 to suggest an implied repeal of §1738 than we have found in Title VII. In Allen, we noted that “one strong motive” behind the enactment of § 1983 was the “grave congressional concern that the state courts had been deficient in protecting federal rights.” 449 U. S., at 98-99. Nevertheless, we concluded that “much clearer support than this would be required to hold that § 1738 and the traditional rules of preclusion are not applicable to § 1983 suits.” Id., at 99.

Because Congress must “clearly manifest” its intent to depart from § 1738, our prior decisions construing Title VII in situations where §1738 is inapplicable are not dispositive. They establish only that initial resort to state administrative remedies does not deprive an individual of a right to a federal trial de novo on a Title VII claim. In McDonnell Douglas Corp. v. Green, 411 U. S. 792 (1973), and Chandler v. Roudebush, 425 U. S. 840 (1976), we held that the “civil action” in federal court following an EEOC decision was intended to be a trial de novo. This holding, clearly supported by the legislative history, is not a holding that a prior state court judgment can be disregarded.

The petitioner and the Courts of Appeals which have denied res judicata effect to such judgments rely heavily on our statement in Alexander v. Gardner-Denver that “final responsibility for enforcement of Title VII is vested with federal courts.” 415 U. S., at 44.¹⁸ We did not say, and our language should not be read to imply, that by vesting “final responsibility” in one forum, Congress intended to deny finality to decisions in another. The context of the statement makes this clear. In describing the operation of Title VII, we noted that the EEOC cannot adjudicate claims or impose sanctions; that responsibility, the “final responsibility for enforcement,” must rest in federal court.

The holding in Gardner-Denver was that a private arbitration decision concerning an employment discrimination claim did not bind the federal courts. Arbitration decisions, of course, are not subject to the mandate of § 1738. Furthermore, unlike arbitration hearings under collective-bargaining agreements, state fair employment practice laws are explicitly made part of the Title VII enforcement scheme. Our decision in Gardner-Denver explicitly recognized the “distinctly separate nature of these contractual and statutory rights.” Id., at 50. Here we are dealing with a state statutory right, subject to state enforcement in a manner expressly provided for by the federal Act.

Gardner-Denver also rested on the inappropriateness of arbitration as a forum for the resolution of Title VII issues. The arbitrator’s task, we recognized, is to “effectuate the intent of the parties rather than the requirements of enacted legislation.” Id., at 56-57. The arbitrator’s specialized competence is “the law of the shop, not the law of the land,” and “the factfinding process in arbitration usually is not equivalent to judicial factfinding.” Ibid. These characteristics cannot be attributed to state administrative boards and state courts. State authorities are charged with enforcing laws, and state courts are presumed competent to interpret those laws.

Finally, the comity and federalism interests embodied in § 1738 are not compromised by the application of res judicata and collateral estoppel in Title VII cases. Petitioner maintains that the decision of the Court of Appeals will deter claimants from seeking state court review of their claims ultimately leading to a deterioration in the quality of the state administrative process. On the contrary, stripping state court judgments of finality would be far more destructive to the quality of adjudication by lessening the incentive for full participation by the parties and for searching review by state officials. Depriving state judgments of finality not only would violate basic tenets of comity and federalism, Board of Regents v. Tomanio, 446 U. S. 478, 488, 491-492 (1980), but also would reduce the incentive for States to work towards effective and meaningful antidiscrimination systems.¹⁹

HH HH HH

The petitioner nevertheless contends that the judgment should not bar his Title VII action because the New York courts did not resolve the issue that the District Court must hear under Title VII — whether Kremer had suffered discriminatory treatment — and because the procedures provided were inadequate. Neither contention is persuasive. Although the claims presented to the NYHRD and subsequently reviewed by the Appellate Division were necessarily based on New York law, the alleged discriminatory acts are prohibited by both federal and state laws.²⁰ The elements of a successful employment discrimination claim are virtually identical; petitioner could not succeed on a Title VII claim consistently with the judgment of the NYHRD that there is no reason to believe he was terminated or not rehired because of age or religion. The Appellate Division’s affirmance of the NYHRD’s dismissal necessarily decided that petitioner’s claim under New York law was meritless, and thus it also decided that a Title VII claim arising from the same events would be equally meritless.²¹

The more serious contention is that even though administrative proceedings and judicial review are legally sufficient to be given preclusive effect in New York, they should be deemed so fundamentally flawed as to be denied recognition under § 1738. We have previously recognized that the judicially created doctrine of collateral estoppel does not apply when the party against whom the earlier decision is asserted did not have a “full and fair opportunity” to litigate the claim or issue, Allen v. McCurry, 449 U. S., at 95; Montana v. United States, 440 U. S. 147, 153 (1979); Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation, 402 U. S. 313, 328-329 (1971).²² “Redetermination of issues is warranted if there is reason to doubt the quality, extensiveness, or fairness of procedures followed in prior litigation.” Montana v. United States, supra, at 164, n. 11. Cf. Gibson v. Berryhill, 411 U. S. 564 (1973).

Our previous decisions have not specified the source or defined the content of the requirement that the first adjudication offer a full and fair opportunity to litigate. But for present purposes, where we are bound by the statutory directive of § 1738, state proceedings need do no more than satisfy the minimum procedural requirements of the Fourteenth Amendment’s Due Process Clause in order to qualify for the full faith and credit guaranteed by federal law. It has long been established that § 1738 does not allow federal courts to employ their own rules of res judicata in determining the ef-feet of state judgments. Rather, it goes beyond the common law and commands a federal court to accept the rules chosen by the State from which the judgment is taken. McElmoyle v. Cohen, 13 Pet. 312, 326 (1839); Mills v. Duryee, 7 Cranch 481, 485 (1813). As we recently noted in Allen v. McCurry, supra, “though the federal courts may look to the common law or to the policies supporting res judicata and collateral estoppel in assessing the preclusive effect of decisions of other federal courts, Congress has specifically required all federal courts to give preclusive effect to state-court judgments whenever the courts of the State from which the judgments emerged would do so.” 449 U. S., at 96.

The State must, however, satisfy the applicable requirements of the Due Process Clause. A State may not grant preclusive effect in its own courts to a constitutionally infirm judgment,²³ and other state and federal courts are not required to accord full faith and credit to such a judgment. Section 1738 does not suggest otherwise; other state and federal courts would still be providing a state court judgment with the “same” preclusive effect as the courts of the State from which the judgment emerged. In such a case, there could be no constitutionally recognizable preclusion at all.²⁴

We have little doubt that Kremer received all the process that was constitutionally required in rejecting his claim that he had been discriminatorily discharged contrary to the statute. We must bear in mind that no single model of procedural fairness, let alone a particular form of procedure, is dictated by the Due Process Clause. Mitchell v. W. T. Grant Co., 416 U. S. 600, 610 (1974); Inland Empire Council v. Millis, 325 U. S. 697, 710 (1945). “‘The very nature of due process negates any concept of inflexible procedures universally applicable to every imaginable situation.”’ Mitchell v. W. T. Grant Co., supra, at 610 (quoting Cafeteria Workers v. McElroy, 367 U. S. 886, 895 (1961)). Under New York law, a claim of employment discrimination requires the NYHRD to investigate whether there is “probable cause” to believe that the complaint is true. Before this determination of probable cause is made, the claimant is entitled to a “full opportunity to present on the record, though informally, his charges against his employer or other respondent, including the right to submit all exhibits which he wishes to present and testimony of witnesses in addition to his own testimony.” State Div. of Human Rights v. New York State Drug Abuse Comm’n, 59 App. Div. 2d 332, 336, 399 N. Y. S. 2d 541, 544 (1977). The complainant also is entitled to an opportunity “to rebut evidence submitted by or obtained from the respondent.” 9 N. Y. C. R. R. § 465.6 (1977). He may have an attorney assist him and may ask the division to issue subpoenas. 9 N. Y. C. R. R. § 465.12(c) (1977).

If the investigation discloses probable cause and efforts at conciliation fail, the NYHRD must conduct a public hearing to determine the merits of the complaint. N. Y. Exec. Law § 297(4)(a) (McKinney Supp. 1981-1982). A public hearing must also be held if the Human Rights Appeal Board finds “there has not been a full investigation and opportunity for the complainant to present his contentions and evidence, with a full record.” State Div. of Human Rights v. New York State Drug Abuse Comm’n, supra, at 337, 399 N. Y. S. 2d, at 544-545.²⁵ Finally, judicial review in the Appellate Division is available to assure that a claimant is not denied any of the procedural rights to which he was entitled and that the NYHRD’s determination was not arbitrary and capricious. N. Y. Civ. Prac. Law § 7803 (McKinney 1981). See Gregory v. New York State Human Rights Appeal Board, 64 App. Div. 2d 775, 776, 407 N. Y. S. 2d 256, 257 (1978); Tenenbaum v. State Div. of Human Rights, 50 App. Div. 2d 257, 259, 376 N. Y. S. 2d 542, 544 (1975).

We have no hesitation in concluding that this panoply of procedures, complemented by administrative as well as judicial review, is sufficient under the Due Process Clause.²⁶ Only where the evidence submitted by the claimant fails, as a matter of law, to reveal any merit to the complaint may the NYHRD make a determination of no probable cause without holding a hearing. Flah’s, Inc. v. Schneider, 71 App. Div. 2d 993, 420 N. Y. S. 2d 283, 284 (1979). See n. 21, supra. And before that determination may be reached, New York requires the NYHRD to make a full investigation, wherein the complainant has full opportunity to present his evidence, under oath if he so requests. State Div. of Human Rights v. New York State Drug Abuse Control Comm’n, supra, at 336, 399 N. Y. S. 2d, at 544. The fact that Mr. Kremer failed to avail himself of the full procedures provided by state law does not constitute a sign of their inadequacy. Cf. Juidice v. Vail, 430 U. S. 327, 337 (1977).

> I — (

In our system of jurisprudence the usual rule is that merits of a legal claim once decided in a court of competent jurisdiction are not subject to redetermination in another forum. Such a fundamental departure from traditional rules of preclusion, enacted into federal law, can be justified only if plainly stated by Congress.²⁷ Because there is no “affirmative showing” of a “clear and manifest” legislative purpose in Title VII to deny res judicata or collateral estoppel effect to a state court judgment affirming that a claim of employment discrimination is unproved, and because the procedures provided in New York for the determination of such claims offer a full and fair opportunity to litigate the merits, the judgment of the Court of Appeals is

Affirmed.

1 The statute provides that

“[i]n the case of an alleged unlawful employment practice occurring in a State . . . which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (b) of this section by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated.” 42 U. S. C. § 2000e-5(c).

See also Love v. Pullman Co., 404 U. S. 522 (1972); 29 CFR § 1601.13 (1981).

2 Kremer’s complaint filed with the NYHRD alleged discrimination on the basis of age and religion, and did not contain a separate claim concerning national origin.

3 Sections 706(f)(1) and (3), 42 U. S. C. §§2000e-5f(1) and (3), provide that where the EEOC determines that there is no reasonable cause to believe that a charge is true, it must dismiss the charge and issue the complainant a statutory right-to-sue letter. Where the Commission has not filed a civil action against the employer, it must, if requested, issue a right-to-sue letter 180 days after the charge was filed. Within 90 days after receipt of the right-to-sue letter, the complainant may institute a civil action in federal district court against the party named in the charge.

4 No further mention was made of age discrimination, which is not covered by Title VII. Nor has petitioner argued at any point that his national origin claim was in any sense distinct from his claim of religious discrimination. Of course, if Kremer desired to make such a claim, he was obligated to first bring it before the NYHRD. See n. 1, swpra. Moreover, “[a] party cannot escape the requirements of full faith and credit and res judicata by asserting its own failure to raise matters clearly within the scope of a prior proceeding.” Underwriters National Assur. Co. v. North Carolina Life & Accident & Health Insurance Guaranty Assn., 455 U. S. 691, 710 (1982); Sherrer v. Sherrer, 334 U. S. 343, 352 (1948).

5 Three Courts of Appeals have held that a federal court may not attribute preclusive deference to prior state court decisions reviewing state agency determinations. Smouse v. General Electric Co., 626 F. 2d 333 (CA3 1980) (per curiam); Unger v. Consolidated Foods Corp., 657 F. 2d 909 (CA7 1981); Gunther v. Iowa State Men’s Reformatory, 612 F. 2d 1079 (CA8), cert. denied, 446 U. S. 966 (1980). The Fourth Circuit has held that issues decided in a de nemo state judicial proceeding are not subject to redetermination in a subsequent Title VII action. Moosavi v. Fairfax County Board of Education, 666 F. 2d 68 (1981).

6 In the Act of May 26, 1790, ch. 11, 1 Stat. 122, Congress required all federal courts to give such preclusive effect to state court judgments “as they have by law or usage in the courts of the state from [which they are] taken.” In essentially unchanged form, the Act, now codified as 28 U. S. C. § 1738, provides that

“[t]he . . . judicial proceedings of any court of any such State . . . shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State . . . .”

Accordingly the federal courts consistently have applied res judicata and collateral estoppel to causes of action and issues decided by state courts. Allen v. McCurry, 449 U. S. 90, 96 (1980); Montana v. United States, 440 U. S. 147 (1979); Angel v. Bullington, 330 U. S. 183 (1947). Indeed, from Cromwell v. County of Sac, 94 U. S. 351 (1877), to Federated Department Stores, Inc. v. Moitie, 452 U. S. 394 (1981), this Court has consistently emphasized the importance of the related doctrines of res judicata and collateral estoppel in fulfilling the purpose for which civil courts had been established, the conclusive resolution of disputes within their jurisdiction. Under res judicata, a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action. Allen v. McCurry, supra, at 94; Cromwell v. County of Sac, supra, at 352. Under collateral estoppel, once a court decides an issue of fact or law necessary to its judgment, that decision precludes relitigation of the same issue on a different cause of action between the same parties. Montana v. United States, supra, at 153. Parklane Hosiery Co. v. Shore, 439 U. S. 322, 326, n. 5 (1979). Thus, invocation of res judicata and collateral estoppel “relieve[s] parties of the cost and vexation of multiple lawsuits, conserved] judicial resources, and, by preventing inconsistent decisions, encourage[s] reliance on adjudication.” Allen v. McCurry, 449 U. S., at 94. When a state court has adjudicated a claim or issue, these doctrines also serve to “promote the comity between state and federal courts that has been recognized as a bulwark of the federal system.” Id., at 96.

7 EEOC review of discrimination charges previously rejected by state agencies would be pointless if the federal courts were bound by such agency decisions. Batiste v. Furnco Constr. Corp., 503 F. 2d 447, 450, n. 1 (CA7 1974), cert. denied, 420 U. S. 928 (1975). Nor is it plausible to suggest that Congress intended federal courts to be bound further by state administrative decisions than by decisions of the EEOC. Since it is settled that decisions by the EEOC do not preclude a trial de novo in federal court, it is clear that unreviewed administrative determinations by state agencies also should not preclude such review even if such a decision were to be afforded preclusive effect in a State’s own courts. Garner v. Giarrusso, 571 F. 2d 1330 (CA5 1978); Batiste v. Furnco Constr. Corp., supra; Cooper v. Philip Morris, Inc., 464 F. 2d 9 (CA6 1972); Voutsis v. Union Carbide Corp., 452 F. 2d 889 (CA2 1971), cert. denied, 406 U. S. 918 (1972).

8 Section 706(b) guarantees that the outcome of both agency and judicial proceedings will be given substantial weight. Justice Blackmun interprets that provision as a ceiling on the deference federal courts are obligated to give state court judgments. Post, at 489. The “substantial weight” requirement, however, was added to Title VII in 1972 not because the EEOC was giving state administrative decisions too much weight, but because it was affording them too little significance. See infra, at 474-475, and n. 16. Finding an implied repeal of § 1738 in an amendment directed exclusively at increasing the deference to be given state decisions would be contrary to normal principles of statutory interpretation, let alone the more difficult test of demonstrating an implied repeal.

It is even more implausible to find an implied repeal in the limited deferral to pending state and local proceedings, § 706(c), 42 U. S. C. § 2000e-5(c). First, that provision does not even address the issue of the proper weight to be afforded state decisions. Moreover, because the section requires complainants to wait no longer than 60 days before initating federal proceedings, it is doubtful that Congress even contemplated that the provision applied after a complaint had run the full course of state administrative and judicial consideration. See, e. g., Oscar Mayer & Co. v. Evans, 441 U. S. 750, 755 (1979) (Section 706(c) “is intended to give state agencies a limited opportunity to resolve problems of employment discrimination”) (emphasis added); Love v. Pullman Co., 404 U. S., at 526 (The purpose of § 706(c) is “to give state agencies a prior opportunity to consider discrimination complaints”) (emphasis added).

For the same reasons, the EEOC’s authority to enter work-sharing agreements with state agencies is irrelevant. This provision, like the limited deferral and “substantial weight” requirements, is directed at increasing, not reducing, the authority of state agencies to resolve employment discrimination disputes. All of these provisions are directed toward administrative cooperation, and lend no evidence of congressional intent to compromise or circumscribe the validity of state judicial proceedings. Although Justice Blackmun implies that work-sharing agreements constitute the one “narrow exception for possible exclusive state agency jurisdiction,” post, at 496, left by Congress, neither the statute nor its background so indicates. Indeed, it is no “exception” at all; even though the EEOC declines to process a charge under a work-sharing agreement, the statute does not prevent the complainant from subsequently filing suit in federal court.

9 Interpretation of Title VII is hampered by the fact that there are no authoritative legislative reports. The House Civil Rights bill went directly to the Senate floor without committee consideration in hopes that it would be approved without change. This did not happen. The bill including Title VII, was amended 87 times during the 83-day debate in the Senate. Upon being returned to the House, the bill was not subjected to the usual conference procedure. Instead, the House voted acceptance of the Senate measure. See EEOC, Legislative History of Titles VII and XI of the Civil Rights Act of 1964, pp. 9-11 (1968) (hereafter 1964 Leg. Hist.).

10 Justice Blackmun reads the legislative history differently, post, at 494-499, seizing upon doubts expressed concerning the adequacy of state remedies. It does not follow, however, that an implied repeal of § 1738 has been demonstrated. For that, the intent of Congress “must be clear and manifest.” Radzanower v. Touche Ross & Co., 426 U. S. 148, 154 (1976). Justice Blackmun never claims that this rigorous standard is satisfied. Nor would such a claim be persuasive. Similar expressions of congressional concern with state remedies were unsuccessfully mustered in Allen v. McCurry, 449 U. S. 90 (1980), where we refused to find an implied repeal of § 1738 in the passage of 42 U. S. C. § 1983. See infra, at 476. Justice Blackmun also claims too much from the refusal of Congress to place employment discrimination within the exclusive jurisdiction of the States, 22 of whom lacked any fair employment laws at the time Title VII was enacted. Reluctance to rely entirely on the States does not require a departure from traditional rules of res judicata when a state fair employment law exists, a state agency has investigated and processed a grievance, and a state court has upheld the agency’s decision as procedurally fair and substantively justified.

11 See Bureau of National Affairs, State Fair Employment Laws and Their Administration (1964). See also 110 Cong. Rec. 7205 (1964) (remarks of Sen. Clark).

12 In their interpretive memorandum, Senators Clark and Case, floor managers of the bill, stated that

“Title VII specifically provides for the continued effectiveness of state and local laws and procedures for dealing with discrimination in employment” and that “it will not override any state law or municipal ordinance which is not inconsistent.” Id., at 7214, 7216.

See also id., at 7205 (remarks of Sen. Clark); id., at 12725 (remarks of Sen. Humphrey). See generally Jackson, Matheson, & Piskorski, The Proper Role of Res Judicata and Collateral Estoppel in Title VII Suits, 79 Mich. L. Rev. 1485, 1493-1497 (1981) (hereinafter Jackson, Matheson, & Piskorski).

13 110 Cong. Rec. 1635-1636 (1964), reprinted in 1964 Leg. Hist. 3345-3346 (remarks of Cong. Reid) (“The New York State Commission for Human Rights has pioneered effectively and it has now been copied in 22 States . . .”); 110 Cong. Rec. 1643 (1964), 1964 Leg. Hist. 3258-3259 (remarks of Cong. Ryan); 110 Cong. Rec. 12595 (1964), 1964 Leg. Hist. 3066 (remarks of Sen. Clark).

14 Senator Dirksen, the principal drafter of the Senate bill, stated in no uncertain terms his desire to avoid multiple suits arising out of the same discrimination:

“What a layering upon layer of enforcement. What if the court orders differed in their terms or requirements? There would be no assurance that they would be identical. Should we have the Federal forces of justice pull on the one arm, and the State forces of justice tug on the, other? Should we draw and quarter the victim?” 110 Cong. Rec. 6449 (1964).

15 See, e. g., 117 Cong. Rec. 42026 (1971), reprinted in Subcommittee on Labor of the Senate Committee on Labor and Public Welfare, Legislative History of the Equal Employment Opportunity Act of 1972, p. 571 (1972) (hereafter 1972 Leg. Hist.) (remarks of Sen. Allen); 118 Cong. Rec. 932 (1972), 1972 Leg. Hist. 807 (same); 118 Cong. Rec. 311, 933 (1972), 1972 Leg. Hist. 632, 809 (remarks of Sen. Ervin); 118 Cong. Rec. 595 (1972), 1972 Leg. Hist. 682 (remarks of Sen. Tower); 118 Cong. Rec. 699-703 (1972), 1972 Leg. Hist. 698-709 (remarks of Sen. Fannin).

Opponents successfully objected to combining investigatory, adjudicatory, and enforcement power in a single agency. A compromise, sponsored by Senator Dominick, was adopted which gave the EEOC the power to bring suit but retained a trial de novo in federal district court so that employers and other defendants would receive “an impartial judicial decision free from accusation of institutional bias.” S. Rep. No. 92-415, p. 86 (1971), 1972 Leg. Hist. 464 (views of Sen. Dominick).

16 Prior to the 1972 amendments, the EEOC was free to ignore state administrative decisions. In the Senate debates, Senator Montoya asked Senator Williams, the floor manager of the amendments, and Senator Er-vin, an opponent, to explain the purpose of the “substantial weight” directive. Senator Ervin responded that the provision’s purpose was to prevent the EEOC from reversing state decisions “peremptorily.” The Commission would be required to “give due respect to the findings of the State or local authorities.” 118 Cong. Rec. 310 (1972), 1972 Leg. Hist. 627. Senator Williams did not dispute this answer. See also Jackson, Matheson, & Piskorski, supra n. 12, at 1504-1505.

17 We reject petitioner’s suggestion, repeated by Justice Blackmun, post, at 499-501, that since the Hruska amendment excluded state proceedings, Senator Javits’ comments “should in context also be read as excluding state proceedings from any application of res judicata in Title VII suits.” Reply Brief for Petitioner 9, n. **. Not only is the idea that even a full state judicial proceeding be excluded from res judicata effect implausible on its face, but Senator Javits prefaced his res judicata statement by discussing the very New York employment discrimination laws under which Kremer proceeded. 118 Cong. Rec. 3370 (1972).

18 See, e. g., Smouse v. General Electric Co., 626 F. 2d, at 334-335; Gunther v. Iowa State Men’s Reformatory, 612 F. 2d, at 1082-1083.

19 Here Justice Blackmun’s dissent rests on two dubious premises: that plaintiffs will be deterred from seeking state judicial review of administrative decisions and that the more such cases are subject to judicial review the better the system becomes. Obvious incentives remain for an individual with a truly meritorious claim to proceed. In New York, judicial review of “no probable cause” determinations is rigorous in both a procedural and substantive sense, see infra, at 479-485, and n. 21. Forgoing such review ensures considerable delay and lengthening of the adjudicatory process. And the reward for such forbearance is a federal proceeding in which the existing adverse state decision must be given “substantial weight.” Justice Blackmun assumes, without supporting evidence, that this “strategy” is wise and very likely to be pursued in many cases. Even were this assumption plausible, it hardly follows that state proceedings are improved by the sheer quantity of administrative adjudications brought before them.

20 The New York law is at least as broad as Title VII. Title 42 U. S. C. § 2000e-2(a) provides:

“It shall be an unlawful employment practice for an employer—

“(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual. . . because of such individual's race, color, religion, sex, or national origin . . . .”

New York Exec. Law §296(1) (McKinney Supp. 1981-1982) provides:

“It shall be an unlawful discriminatory practice:

“(a) For an employer or licensing agency, because of the age, race, creed, color, national origin, sex, or disability, or marital status of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual.”

We, of course, do not decide in this case whether jurisdiction to entertain Title VII claims is limited to the federal courts.

21 Justice Blackmun and Justice Stevens wrongly assert that the New York court’s holding does not constitute a finding “one way or the other” on the merits of petitioner’s claim. Post, at 492 (Blackmun, J., dissenting); post, at 509 (Stevens, J., dissenting). When the NYHRD summarily dismisses a complaint, the Appellate Division must find that the petitioner’s “complaint lacks merit as a matter of law.” Flah’s, Inc. v. Schneider, 71 App. Div. 2d 993, 420 N. Y. S. 2d 283, 284 (1979). See also New York State Div. for Youth v. State Human Rights Appeal Board, 83 App. Div. 2d 972, 973, 442 N. Y. S. 2d 813, 814 (1981) (“Since the investigation as conducted by the division involved separate meetings without hearings, it must appear in such instance that, as a matter of law, the complaint lacks merit in order for the division to dismiss the complaint”); State Div. of Human Rights v. Blanchette, 73 App. Div. 2d 820, 821, 423 N. Y. S. 2d 745, 746 (1979) (“[T]he division may not determine that there is no probable cause for the complaint and dismiss it when the facts revealed in the investigation do not ‘generate conviction in and persuade a fair and detached fact finder’ that that there is no substance in the complaint”); Stasiak v. Montgomery Ward & Co., 66 App. Div. 2d 962, 411 N. Y. S. 2d 700, 701 (1978) (“In order to sustain a dismissal of a complaint before the complainant has had his opportunity to present his case in a formal manner, it must appear virtually as a matter of law that the complaint lacks merit”); Altiery v. State Div. of Human Rights, 61 App. Div. 2d 780, 781, 402 N. Y. S. 2d 405, 406 (1978) (“It cannot be said as a matter of law, that the complaint. . . lacked merit”). Decisions applying the standard employed in the foregoing cases are decisions on the merits, just as was the decision in State Div. of Human Rights v. New York State Drug Abuse Comm’n, 59 App. Div. 2d 332, 336, 399 N. Y. S. 2d 541, 544 (1977) (when a complainant has a “full opportunity to present his evidence and exhibits, under oath if he so requests,” the presence of a “rational basis in the record” for that decision will suffice). It is well established that judicial affirmance of an administrative determination is entitled to preclusive effect. CIBA Corp. v. Weinberger, 412 U. S. 640, 644 (1973); Grubb v. Public Utilities Comm’n, 281 U. S. 470, 475-477 (1930). There is no requirement that judicial review must proceed de novo if it is to be preclusive. Furthermore, as we have explained, Congress did not draft the de novo requirement in order to deny preclusive effect to state decisions. See supra, at 474.

22 While our previous expressions of the requirement of a full and fair opportunity to litigate have been in the context of collateral estoppel or issue preclusion, it is clear from what follows that invocation of res judicata or claim preclusion is subject to the same limitation.

The lower courts did not discuss whether it is the doctrine of res judicata or collateral estoppel that applies here. Section 1738 requires dismissal of petitioner’s Title VII suit whether his Title VII claim is precluded by the New York judgment or whether he is collaterally estopped by that judgment from complaining that Chemico had discriminated against him. Res judicata has recently been taken to bar claims arising from the same transaction even if brought under different statutes, Nash County Bd. of Ed. v. Biltmore Co., 640 F. 2d 484, 488 (CA4), cert. denied, 454 U. S. 878 (1981). See also Restatement (Second) of Judgments § 61(1) (Tent. Draft No. 5, Mar. 10,1978); Currie, Res Judicata: The Neglected Defense, 45 U. Chi. L. Rev. 317, 340-341 (1978). It may be that petitioner would be precluded under res judicata from pursuing a Title VII claim. However that may be, it is undebatable that petitioner is at least estopped from relitigating the issue of employment discrimination arising from the same events.

23 Cf. McDonald v. Mabee, 243 U. S. 90, 92 (1917) (“[A]n ordinary personal judgment for money, invalid for want of service amounting to due process of law, is as ineffective in the State as it is outside of it”); Haddock v. Haddock, 201 U. S. 562, 567, 568 (1906).

24 The Court’s decisions enforcing the Full Faith and Credit Clause of the Constitution, Art. IV, § 1, also suggest that what a full and fair opportunity to litigate entails is the procedural requirements of due process. Sherrer v. Sherrer, 334 U. S., at 348 (“there is nothing in the concept of due process which demands that a defendant be afforded a second opportunity to litigate the existence of jurisdictional facts”); Baldwin v. Iowa Traveling Men’s Assn., 283 U. S. 522, 524 (1931); Chicago Life Insurance Co. v. Cherry, 244 U. S. 25, 30 (1917). Section 1738 was enacted to implement the Full Faith and Credit Clause, Magnolia Petroleum Co. v. Hunt, 320 U. S. 430, 437 (1943), and specifically to insure that federal courts, not included within the constitutional provision, would be bound by state judgments. Davis v. Davis, 305 U. S. 32, 40 (1938) (“The Act extended the rule of the Constitution to all courts, federal as well as state”). See also Underwriters National Assur. Co. v. North Carolina Life & Accident & Health Insurance Guaranty Assn., 455 U. S. 691 (1982). It is therefore reasonable that § 1738 be subject to no more restriction than the Full Faith and Credit Clause.

25 The Human Rights Appeal Board is authorized to reverse or remand any order that is not “supported by substantial evidence on the whole record” or that is “arbitrary, capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.” N. Y. Exec. Law §§ 297-a(7)(d) and (e) (McKinney 1972).

26 Certainly, the administrative nature of the factfinding process is not dispositive. In United States v. Utah Construction & Mining Co., 384 (1966), we held that, so long as opposing parties had an adequate opportunity to litigate disputed issues of fact, res judicata is properly applied to decisions of an administrative agency acting in a “judicial capacity.” Id., at 422.

27 One example is the authorization for federal courts to reexamine state findings upon a request for a writ of habeas corpus. 28 U. S. C. § 2254.