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
- Whether the filing and pendency of a Title VII class action tolls the § 706(f)(1) 90-day filing period for putative class members.
- 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.