## Facts

- Alice Bobo, a Black woman, worked for ITT, Continental Baking Company as a bread sales representative driving a company truck to sell and stock products at retail outlets.
- During her employment, she was reprimanded for unauthorized absences, failing to remove stale products, and shortages in sales proceeds that required reimbursement.
- After about ninety days, she requested a transfer to an inside plant job; she later attributed the request to racially discriminatory supervisory remarks, but her earlier deposition disclaimed racial animus and the trial court did not credit her trial testimony.
- She alleged coworkers harassed her with pranks; the trial court found the employer neither knew of nor condoned the conduct.
- She was discharged and alleged discriminatory conditions and termination based on race and sex, including an incident involving a hat requirement.
- She filed an EEOC charge, received a right-to-sue letter, and did not file a Title VII lawsuit within 90 days of receipt.

## Issues

1. Whether the Title VII claims were barred because the lawsuit was not filed within 90 days after receipt of the EEOC right-to-sue notice under 42 U.S.C. § 2000e-5(f)(1).
2. Whether 42 U.S.C. § 1981 provides a cause of action for sex discrimination.
3. Whether the district court clearly erred in finding Bobo failed to prove race discrimination under § 1981.

## Decision

- Affirmed partial summary judgment dismissing the Title VII claims as untimely under the 90-day filing requirement.
- Held § 1981 does not encompass sex-discrimination claims; Bobo could proceed under § 1981 only on a race-discrimination theory.
- Affirmed, after bench trial, the judgment against Bobo on her § 1981 race claim because the district court’s findings were not clearly erroneous.

## Legal Principles

- A Title VII plaintiff must file suit within 90 days after receiving an EEOC right-to-sue letter; failure to do so bars the Title VII claim.
- Section 1981, derived from the Civil Rights Act of 1866 and focused on equality “as is enjoyed by white citizens” in contracting, provides a remedy for race discrimination, not sex discrimination.
- On appeal from a bench trial, factual findings on discriminatory intent are reviewed for clear error; credibility determinations and supported findings will be upheld.

## Conclusion

The Fifth Circuit affirmed dismissal of Bobo’s Title VII claims for missing the statutory 90-day filing deadline, ruled that § 1981 does not reach sex discrimination, and upheld the trial court’s finding that ITT’s actions were not shown to be racially motivated under § 1981.


Bobo v. ITT, Cont’l Baking Co., 662 F.2d 340 (5th Cir. 1981)