Mary F. Cunningham v. Litton Industries, a Corporation

This is an appeal from a judgment dismissing appellant’s complaint brought under Sec. 706 of Title YII of the Civil Rights Act of .1964, ( Public Law 88-352, Title YII, § 706, July 2, 1964) ; 78 Stat. 259 ; 42 U.S.C. § 2000e-5. The complaint alleged employment discrimination based upon sex. The court dismissed the action after finding the statute required that an action be filed within 180 days from the alleged act of discrimination and that the appellant’s action was filed beyond that period. We reverse.

THE QUESTION

The question presented is whether a civil suit brought under 42 U.S.C. § 2000e-5 must be filed within 180 days of the discriminatory act or be time barred.

FACTS

Appellant, a woman, was hired by Litton, appellee, in 1961 as a “Publications Production Technical Coordinator.” Thereafter she was advanced to the position of “Publications Quality Control Specialist.” In May 1965 an opening occurred in the position of “Publications Quality Control Coordinator.” A man was appointed to the position; that promotion is not in issue here. In April 1966 there was again an opening in the position of “Publications Quality Control Coordinator.” Again a man, Muscarella, was…