Martin

Janella Sue Martin appeals from a judgment of dismissal entered in favor of respondent Gerard L. Fisher in Martin’s suit for employment discrimination. Martin named Fisher in the body of her charge of discrimination with the Department of Fair Employment and Housing (DFEH), but failed either to name him as a charged party or to obtain a right-to-sue letter naming him. Appellant contends the trial court erred in dismissing respondent on the grounds of failure to exhaust administrative remedies.

The facts underlying this appeal are not in dispute. In 1972, appellant filed a complaint against Texaco Refining and Marketing, Inc. (TRMI) with the Equal Employment Opportunity Commission (EEOC) alleging sex discrimination and violation of title VII of the Civil Rights Act of 1964. Those charges were settled in 1977.

Eight years later, appellant filed a second complaint against TRMI with the EEOC, again alleging that TRMI had discriminated against her on the basis of gender and specifically naming her “functional superior” at the company, respondent, as the individual who had taken some of the actions against her. The complaint was jointly filed with the DFEH. (The DFEH…