Robert M. GONZALEZ, Sr., Plaintiff-Appellant, v. STANFORD APPLIED ENGINEERING, INC., Et Al., Defendant-Appellee

Appellant brought suit charging that he was discharged from his job by appellee and was otherwise discriminated against because he was of Mexican descent. He claimed rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and under the Civil Rights Act of 1886, 42 U.S.C. § 1981 . The District Court granted summary judgment for Appellee on both claims and this appeal followed.

Title VII Claim

This suit was brought February 6, 1976. The dismissal of the Title VII claim was upon the ground that suit had not been brought within 90 days of receipt of a notice of right to sue from the Equal Employment Opportunity Commission as required by 42 U.S.C. § 2000e-5(f)(l).

The charge of discrimination in hiring on the part of appellee was filed by appellant with the Commission on August 11, 1975. In November appellant’s attorney requested the Commission to issue a right to sue letter and on November 6, 1975 a notice of right to sue was issued, directed to appellant with copies shown to his attorney and to appellee. On the same day the Commission wrote to appellant’s attorney by registered mail. A copy of the notice was enclosed. The letter stated in part:

This…

concurring and dissenting.

As to the Title VII claim, I agree completely. As I am unable to agree with the opinion as to the § 1981 claim, I respectfully dissent as to that part of the opinion.

597 F.2d 1298 19 Fair Empl.Prac.Cas. 1661 , 20 Empl. Prac. Dec. P 30,030 Robert M. GONZALEZ, Sr., Plaintiff-Appellant, v. STANFORD APPLIED ENGINEERING, INC., et al., Defendant-Appellee. No. 77-2207. United States Court of Appeals, Ninth Circuit. June 1, 1979. Barbara L. Bourhis of Bourhis & Bourhis, San Jose, Cal., for plaintiff-appellant. Arnold I. Bennigson of Hays, Sanford & Latta, Palo Alto, Cal., for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before BROWNING and MERRILL, Circuit Judges, and BURNS, * District Judge. PER CURIAM: 1 Appellant brought suit charging that he was discharged from his job by appellee and was otherwise discriminated against because he was of Mexican descent. He claimed rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and under the Civil Rights Act of 1886, 42 U.S.C. § 1981 . The District Court granted summary judgment for Appellee on both claims and this appeal followed. Title VII Claim 2 This suit was brought February 6, 1976. The dismissal of the Title VII claim was upon the ground that suit had not been brought within 90 days of receipt…