Erlene Crosslin and Robert Crosslin, Her Husband v. The Mountain States Telephone and Telegraph Company

From an order denying a motion to dismiss the complaint this appeal has, with our leave, been taken pursuant to 28 U.S.C. § 1292 (b), and Rule 5, Federal Rules of Appellate Procedure.

The question presented arises under the Civil Rights Act of 1964. Appellees have brought suit upon a charge of an unlawful employment practice involving racial discrimination. The issue here is whether appellees’ failure to afford the State of Arizona an opportunity to attempt settlement of the dispute and elimination of any unlawful practice deprived the District Court of jurisdiction to grant the federal remedies provided by the Act.

The Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a) provides:

42 U.S.C. § 2000e-4 creates the Equal Employment Opportunity Commission (EEOC).

Enforcement provisions of the Act are set forth in 42 U.S.C. § 2000e-5. Subsection (a) provides for the filing, by the aggrieved person, of a charge of violation with the EEOC. It directs the EEOC to notify the employer and to investigate the charge. Subsection (k) further provides:

Subsection (e) provides that suit may be brought by the aggrieved person if the EEOC has been unable to secure voluntary compliance. Subsection…