## Facts

- Theodore Parker, a Black former employee of Crown, Cork & Seal Co., alleged he was discharged in 1977 because of race and filed an EEOC charge.
- On November 9, 1978, the EEOC issued Parker a notice of right to sue under Title VII § 706(f)(1), which requires filing a civil action within 90 days of receipt.
- While Parker’s EEOC charge was pending, other Black former employees filed a federal Title VII class action against the employer that purported to include Parker as a class member.
- On September 4, 1980, the district court denied class certification; the case proceeded only for the named plaintiffs.
- On October 27, 1980—within 90 days after denial of certification, but well more than 90 days after the right-to-sue notice—Parker filed his own individual Title VII action.

## Issues

1. Whether the filing and pendency of a Title VII class action tolls the § 706(f)(1) 90-day filing period for putative class members.
2. Whether tolling applies when an absent class member files a separate individual action (rather than seeking to intervene) after class certification is denied.

## Decision

- The Supreme Court unanimously affirmed the judgment for Parker.
- The Court held that filing a class action tolls the applicable limitations period for all putative class members.
- The Court held that this tolling rule applies to absent class members who later file separate individual actions, not only to those who move to intervene.
- Applied to Title VII’s § 706(f)(1) 90-day period, Parker had the benefit of tolling during the pendency of the class certification issue and retained a full 90 days to sue once certification was denied; his suit was timely.

## Legal Principles

- Under the American Pipe tolling doctrine, a timely class action suspends the running of the applicable limitations period for all asserted members of the putative class.
- Tolling is not limited to post-denial motions to intervene; it also protects putative class members who file separate individual suits after certification is denied.
- Title VII’s § 706(f)(1) 90-day period following a right-to-sue notice functions as a limitations period subject to class-action tolling.
- Tolling prevents protective, duplicative filings that would otherwise be encouraged while class certification is pending, consistent with the efficiency goals of Rule 23.

## Conclusion

The Court held that the pendency of a Title VII class action tolls the § 706(f)(1) 90-day right-to-sue period for putative class members and that, after certification is denied, those members may timely file individual actions within the remaining limitations time, including a full 90 days where tolling covered the entire period.


Crown, Cork & Seal Co. v. Parker, 462 U.S. 345 (1983)