Logan v. Zimmerman Brush Co.

455 U.S. 422, 102 S. Ct. 1148, 71 L. Ed. 2d 265, 1982 U.S. LEXIS 75
Supreme Court of the United States·Decided March 2, 1982·No. 80-5950·Published·Cited by 2,729 cases

Opinions

Justice Blackmun

delivered the opinion of the Court.

The issue in this case is whether a State may terminate a complainant’s cause of action because a state official, for reasons beyond the complainant’s control, failed to comply with a statutorily mandated procedure.

I

A

The Illinois Fair Employment Practices Act (FEPA or Act), Ill. Rev. Stat., ch. 48, ¶851 et seq. (1979), barred employment discrimination on the basis of “physical. . . handicap unrelated to ability.” ¶853(a). It also established a comprehensive scheme for adjudicating allegations of discrimination. To begin the process, a complainant had to bring a charge of unlawful conduct before the Illinois Fair Employment Practices Commission (Commission) within 180 days of the occurrence of the allegedly discriminatory act. ¶ 858(a). The statute—in the provision directly at issue here—then gave the Commission 120 days within which to convene a factfinding conference designed to obtain evidence, ascertain the positions of the parties, and explore the possibility of a negotiated settlement. ¶ 858(b). If the Commission found “substantial evidence” of illegal conduct, it was to attempt to “eliminate the effect thereof ... by means of [425] conference and conciliation,” 1858(c), and, if that proved impossible, to issue a formal complaint against the employer within 180 days after the expiration of the 120-day period. 1858(d). A formal adversary hearing was then to be held before a commissioner or duly appointed adjudicator, who was to make findings and who was empowered to recommend reinstatement, backpay, and reasonable attorney’s fees. 1858.01. If the commissioner or adjudicator did not find substantial evidence of discrimination, he was to recommend dismissal of the charge. Ibid.

The findings and recommended order were to be filed with the Commission. A complainant was entitled to obtain review by the full Commission of any of the possible dispositions of his charge, including an initial determination that the evidence did not justify a complaint. The Commission was to file a written order and decision. 1858.02; Illinois Fair Employment Practices Commission, Rules and Regulations, §4.5 (1979). If still not satisfied, the complainant could seek judicial review of any Commission order. 1860.1

[426] B

On November 9, 1979, appellant Láveme L. Logan, a probationary employee hired one month previously, was discharged by appellee Zimmerman Brush Company, purportedly because Logan’s short left leg made it impossible for him to perform his duties as a shipping clerk. Five days later, Logan, acting pro se, filed a charge with the Commission alleging that his employment had been unlawfully terminated because of his physical handicap. App. 3. This triggered the Commission’s statutory obligation under ¶ 858(b) to convene a factfinding conference within 120 days; in Logan’s case, this meant by March 13,1980. Apparently through inadvertence, the Commission’s representative scheduled the conference for March 18, five days after expiration of the statutory period. Notice of the meeting, which was mailed to both parties in January 1980, specified the hearing’s date and location and declared that attendance was “required.” It, however, did not allude to the FEPA’s 120-day time limit. App. 5. The Commission also asked the company to complete a short questionnaire concerning its employment practices, and directed that it submit its answers by March 10. Ibid. The company did this without objection.

When the conference date arrived, the company moved that Logan’s charge be dismissed because the Commission had failed to hold the conference within the statutorily mandated 120-day period. Id., at 12. This request was rejected. Id., at 16. The company thereupon petitioned the Supreme Court of Illinois for an original writ of prohibition. That court stayed proceedings on Logan’s complaint pending decision on the request for a writ. Id., at 24. Logan meanwhile obtained counsel, and — because 180 days had not yet passed since the occurrence of the allegedly discriminatory act — filed a second charge with the Commission. Id., at 26.

Before the Illinois Supreme Court, Logan argued that terminating his claim because of the Commission’s failure to convene a timely conference — a matter beyond Logan’s, or in[427] deed the company’s, control — would violate his federal rights to due process and equal protection of the laws. But the court noted that the statutory provision at issue, ¶ 858(b), declared: “Within 120 days of the proper filing of a charge, the Commission shall convene a fact finding conference. ...” (Emphasis added.) The Illinois court found this legislative language to be mandatory, and accordingly it held that failure to comply deprived the Commission of jurisdiction to consider Logan’s charge. Zimmerman Brush Co. v. Fair Employment Practices Comm’n, 82 Ill. 2d 99, 411 N. E. 2d 277 (1980).

The court found controlling its decision in Springfield-Sangamon County Regional Planning Comm’n v. Fair Employment Practices Comm’n, 71 Ill. 2d 61, 373 N. E. 2d 1307 (1978),2 where it had determined that ¶ 858(c)’s 180-day deadline for issuing a complaint was mandatory; since the state legislature wrote ¶ 858(b) after the Spring fie Id-S angamon decision, and used language similar to that employed in ¶ 858(c), it must have intended the 120-day time limit to be jurisdictional as well. This result, reasoned the court, comported with the statute’s purposes by facilitating the “just and expeditious resolutions of employment disputes,” 82 Ill. 2d, at 107, 411 N. E. 2d, at 282, while protecting employers “‘from unfounded charges of discrimination,’” id., at 106, 411 N. E. 2d, at 281, quoting ¶ 851.

The Illinois Supreme Court summarily rejected Logan’s argument that his due process and equal protection rights would be violated were the Commission’s error allowed to extinguish his cause of action. The state legislature had established the right to redress for discriminatory employment practices, it was said, and “[t]he legislature could establish reasonable procedures to be followed upon a charge . . . .” [428] Id., at 108, 411 N. E. 2d, at 282. The court then went on to rule that Logan could not file a second charge with the Commission based upon the same act of alleged discrimination, for to allow the second complaint to proceed would circumvent the design of the Act and frustrate the public interest in an expeditious resolution, of disputes.3 Id., at 108-109, 411 N. E. 2d, at 282-283.

Logan appealed, bringing his federal claims to this Court. We noted probable jurisdiction. 450 U. S. 909 (1981).

a

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Logan v. Zimmerman Brush Co., 455 U.S. 422, 102 S. Ct. 1148, 71 L. Ed. 2d 265, 1982 U.S. LEXIS 75 (1982).

455 U.S. 422 (Logan v. Zimmerman Brush Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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