Richard WONG, Plaintiff-Appellant, v. the BON MARCHE, Defendant-Appellee
Opinion
Opinion
This appeal by Richard Wong challenges the dismissal of his claim against The Bon Marche for alleged unfair employment practices under 42 U.S.C. § 2000e — 2(a)(1). Jurisdiction was properly sought in the district court under 42 U.S.C. § 2000e — 5(f)(3) and in this court on appeal.
Wong, a pharmacist, had been employed by The Bon Marche for approximately 16 months before his discharge on September 17, 1970. His claim was that he was discharged because he was Chinese. He pursued his administrative remedies through the Washington State Human Rights Commission and the EEOC. Both of those agencies found that no probable cause existed to believe that The Bon Marche had engaged in unlawful employment practices. On February 12, 1973, Wong received his “Notice of Right to Sue” letter from the EEOC. Under 42 U.S.C. § 2000e-5(f)(l) he had 90 days in which to file a civil action in his own behalf. He did not file until the 91st day and the district court dismissed the claim on that ground. We feel compelled to affirm.
Appellant urges that he acted diligently to present his claim to the court and that this diligence should justify the one-day delay. Without reciting all of the…