Frank I. RAMIREZ, Appellant, v. NATIONAL DISTILLERS AND CHEMICAL CORPORATION, Appellee

586 F.2d 1315 18 Fair Empl.Prac.Cas. 966 , 18 Empl. Prac. Dec. P 8818 Frank I. RAMIREZ, Appellant, v. NATIONAL DISTILLERS AND CHEMICAL CORPORATION, Appellee. No. 76-1637. United States Court of Appeals, Ninth Circuit. Nov. 30, 1978. Nancy L. Kelso (argued), of Freeman, Kelso & Young, Los Angeles, Cal., for appellant. Marilyn S. G. Urwitz (argued), Washington, D. C., for appellee. Appeal from the United States District Court for the Central District of California. Before HUFSTEDLER and TANG, Circuit Judges, and SOLOMON, * district judge. HUFSTEDLER, Circuit Judge: 1 Ramirez brought this employment discrimination action against National Distillers under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e Et seq.) and the Civil Rights Act of 1866 ( 42 U.S.C. § 1981 ). He appeals from the district court's order dismissing his action on jurisdictional grounds and awarding summary judgment in favor of National Distillers. The questions presented are whether the district court properly granted summary judgment, and whether procedural irregularities in the handling of Ramirez's EEOC charges deprived the district court of jurisdiction over his Title VII action. 2 *…

Ramirez brought this employment discrimination action against National Distillers under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) and the Civil Rights Act of 1866 ( 42 U.S.C. § 1981 ). He appeals from the district court’s order dismissing his action on jurisdictional grounds and awarding summary judgment in favor of National Distillers. The questions presented are whether the district court properly granted summary judgment, and whether procedural irregularities in the handling of Ramirez’s EEOC charges deprived the district court of jurisdiction over his Title VII action.

I

On April 30, 1974, Ramirez, a MexicanAmeriean was laid off from his job as a display merchandiser with the Beverly Hills, California, office of National Distillers Products Company. Sixty-six days later, on July 5, 1974, Ramirez filed a charge with the Equal Employment Opportunity Commission (“EEOC”) alleging that his employer had discriminated against him on the basis of his national origin. Ramirez’s charge was never processed by the EEOC, which failed to refer it to the California Fair Employment Practices Commission, as required by section 706 of Title VII (42 U.S.C. §…

I concur in the result.