## Facts

- Two Title VII actions were consolidated on appeal: Patricia Lynn sued Western Gillette, Inc., and Cyntitha Whittom sued ITT Cannon Electric.
- Each plaintiff filed an EEOC charge alleging unlawful employment discrimination.
- In each matter, the EEOC sent a written communication stating that conciliation efforts had failed.
- In Whittom’s case, the EEOC’s conciliation-failure letter did not advise her of any right to file a private civil action; the EEOC later issued a formal “Notice of Right to Sue.”
- Whittom filed suit within 90 days after the right-to-sue notice, but more than 90 days after the conciliation-failure letter.
- In Lynn’s case, the EEOC also issued a formal right-to-sue notice after the conciliation-failure communication; Lynn filed suit within 90 days of the right-to-sue notice but more than 90 days after the conciliation-failure communication.
- The district court dismissed both actions as untimely, ruling that the 90-day period began when the EEOC notified the charging party that conciliation had failed.

## Issues

1. Under Title VII § 706(f)(1), does the 90-day period to file a private civil action begin upon the EEOC’s notice that conciliation has failed, or upon the charging party’s receipt of the EEOC’s formal “Notice of Right to Sue”?

## Decision

- The Ninth Circuit reversed the dismissals and remanded.
- The court held that the 90-day limitations period under § 706(f)(1) begins when the charging party receives the EEOC’s formal right-to-sue notice.
- A conciliation-failure notice does not start the 90-day period, particularly where it does not inform the charging party of the right to sue.
- Because both plaintiffs filed within 90 days of receiving right-to-sue letters, both suits were timely.

## Legal Principles

- Title VII § 706(f)(1) ties the 90-day filing period to the EEOC’s statutory notice given after the Commission elects not to file its own civil action.
- The operative “notice” for § 706(f)(1) purposes is a formal right-to-sue notice that clearly informs the charging party of the right to file a private action.
- EEOC communications that merely report the failure of conciliation, without conveying the right to sue, do not trigger the 90-day limitations period.
- Limitations rules in this setting are construed to require clear notice to the charging party before the short filing period begins.

## Conclusion

The Ninth Circuit held that the Title VII 90-day period for filing a private lawsuit starts upon receipt of the EEOC’s formal right-to-sue notice, not upon an earlier notice that conciliation efforts failed, and it reinstated both plaintiffs’ actions as timely.


Lynn v. W. Gillette, Inc., 564 F.2d 1282 (9th Cir. 1977)