United States v. Berrien County

684 F. Supp. 947, 1987 U.S. Dist. LEXIS 13459, 45 Empl. Prac. Dec. (CCH) 37,621, 45 Fair Empl. Prac. Cas. (BNA) 921, 1987 WL 46366
District Court, W.D. Michigan·Decided November 23, 1987·No. No. K85-581 CA·Published

Opinion

OPINION

BENJAMIN F. GIBSON, District Judge.

INTRODUCTION

Presently pending in this action is defendant Berrien County’s motion to dismiss the United States of America’s (“Government”) complaint. In support of its motion, Berrien County claims that the deferral provisions of Title VII have not been satisfied. According to defendants, before the Government can bring a Title VII race discrimination claim in federal court, there must be a filing of discrimination with the appropriate state agency.

FACTS

Mary Hawkins claims that defendants discriminated against her on the basis of race in rejecting her for employment as a health educator. She had been informed that she would not be hired on March 30, 1984. Ten days after being informed of the decision, she filed a charge of discrimination with the Berrien County Health Department. Mary Hawkins filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) on September 7, 1984. She did not file a charge with the Michigan Department of Civil Rights (“MDCR”) before going to the EEOC.

The EEOC, however, processed the charge pursuant to a Worksharing Agreement with the MDCR and found reasonable cause to believe that there was discrimination. After an unsuccessful attempt to resolve this matter, it was referred to the Civil Rights Division of the Department of Justice. Thus, the United States is the plaintiff on behalf of Mary Hawkins, and it filed this action with this Court on December 24, 1985.

LAW

This complaint alleges a violation of Section 706 of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-5). Since the State of Michigan has enacted a state law prohibiting the unlawful employment practice alleged, the state civil rights agency, in this case the MDCR, must be given an opportunity to process the charge before the EEOC intervenes. 42 U.S.C. § 2000e-5(c).

Section 2000e-5(c) of 42 U.S.C. further states:

[N]o 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,....

The Supreme Court has held that the EEOC may institute state proceedings on behalf of the plaintiff, suspend its own proceedings and refile them automatically upon the termination of state proceedings. Love v. Pullman, 404 U.S. 522, 526, 92 S.Ct. 616, 618, 30 L.Ed.2d 679 (1972). The Title VII regulations, in addition, provide that upon termination or a passing of 60 days after a commencement of state proceedings, a complaint shall be refiled automatically with the EEOC. 29 C.F.R. 1601.-13(b)(1), (2)(iii).

Here, however, the EEOC processed the charge pursuant to a Worksharing Agreement between the MDCR and the EEOC. Under these Worksharing Agree-[949] merits, the MDCR waives its right to initial processing under the agreement when a charge is originally filed with the EEOC. EEOC regulations sanction these works-haring agreements. 29 C.P.R. 1601.13(c). These regulations are entitled to “great deference.” Griggs v. Duke Power Co., 401 U.S. 424, 433-34, 91 S.Ct. 849, 854-55, 28 L.Ed.2d 158 (1971). Moreover, these agreements have been upheld as consistent with the deferral provisions of Title VII. Isaac v. Harvard University, 769 F.2d 817 (1st Cir.1985); Thompson v. International Association of Machinists, 580 F.Supp. 662 (D.D.C.1984); Douglas v. Red Carpet Corp. of America, 538 F.Supp. 1135 (E.D.Pa.1982); Gunn v. Dow Chemical Co., 522 F.Supp. 1172 (S.D.Ind.1981); Yeung v. Lockheed Missiles and Space Co., 504 F.Supp. 422 (N.D.Calif.1980); Cattell v. Bob Frensley Ford, Inc., 505 F.Supp. 617 (M.D.Tenn.1980); Morgan v. Sharon Board of Education, 445 F.Supp. 142 (W.D.Pa.1978).

In Isaac, the First Circuit held that when a state civil rights agency waives its right to initial processing of a discrimination charge pursuant to a worksharing agreement, there is a “termination” of state proceedings satisfying the deferral provisions of 42 U.S.C. § 2000e-5(c). Isaac, 769 F.2d at 822-824. In this case, Hawkins filed a charge of discrimination with the EEOC on September 7, 1984. The EEOC immediately sent the charge to the MDCR. On September 12, the MDCR waived its right to initially process the charge pursuant to the worksharing agreement. Under Isaac, MDCR’s waiver constitutes a “termination” of MDCR proceedings and satisfies the deferral provisions of Title VII.1

The Court finds the analysis contained in Isaac persuasive and adopts it insofar as it applies to this case. Alternatively, it should be noted that the Tenth Circuit has interpreted the language of 42 U.S.C. § 2000e-5(c) contrary to that of Isaac. E.E.O.C. v. Commercial Office Products, 803 F.2d 581, 587 (10th Cir.1986), cert. granted, — U.S.-, 107 S.Ct. 3208, 96 L.Ed.2d 695 (1987). The Court finds, however, that even if this interpretation was correct, plaintiff has satisfied the statutory deferral provisions.

In Commercial Office Products, the Tenth Circuit announced that when a state agency waives its initial processing rights under a worksharing agreement with the EEOC, there is no termination of state proceedings under 42 U.S.C. § 2000e-5(c). Commercial Office Products, 803 F.2d at 587. The Supreme Court has recently granted certiorari on this issue to resolve the split between the circuits. — U.S. -, 107 S.Ct. 3208, 96 L.Ed.2d 695 (1987).

Before a plaintiff can file a charge of discrimination with the EEOC, one of two conditions must be satisfied:

1) state proceedings must have been terminated
2) 60 days must have expired since state proceedings were commenced

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United States v. Berrien County, 684 F. Supp. 947, 1987 U.S. Dist. LEXIS 13459, 45 Empl. Prac. Dec. (CCH) 37,621, 45 Fair Empl. Prac. Cas. (BNA) 921, 1987 WL 46366 (W.D. Mich. 1987).

684 F. Supp. 947 (United States v. Berrien County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Griggs v. Duke Power Co.
401 U.S. 424 (Supreme Court, 1971)
Love v. Pullman Co.
404 U.S. 522 (Supreme Court, 1972)
Ephraim Isaac v. Harvard University
769 F.2d 817 (First Circuit, 1985)
Thompson v. International Ass'n of MacHinists & Aerospace Workers
580 F. Supp. 662 (District of Columbia, 1984)
Gunn v. Dow Chemical Co.
522 F. Supp. 1172 (S.D. Indiana, 1981)
Morgan v. Sharon Pennsylvania Board of Education
445 F. Supp. 142 (W.D. Pennsylvania, 1978)
Cattell v. Bob Frensley Ford, Inc.
505 F. Supp. 617 (M.D. Tennessee, 1980)
Yeung v. Lockheed Missiles & Space Co., Inc.
504 F. Supp. 422 (N.D. California, 1980)
Douglas v. Red Carpet Corp. of America
538 F. Supp. 1135 (E.D. Pennsylvania, 1982)