Victoria MISSIRLIAN, Plaintiff-Appellant, v. HUNTINGTON MEMORIAL HOSPITAL, Defendant-Appellee

Plaintiff Victoria Missirlian timely appeals from a summary judgment in favor of defendant Huntington Memorial Hospital-denying her Title VII claim, 42 U.S.C. §§ 2000e to 2000e-17 (1976 and Supp.1979), on the basis that the action was not timely filed in district court. Jurisdiction is based on 28 U.S.C. § 1291 (1976). We reverse.

FACTS

Until August 1, 1974 Missirlian worked as an accountant for Huntington Memorial Hospital. Missirlian alleges that during the time of her employment the hospital refused to promote her because of her sex and national origin. She also alleges that the hospital discharged her because she protested the denials of promotion. Missirlian filed a charge with the Equal Employment Opportunity Commission (EEOC) on August 5, 1974, alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (1976 and Supp.1979).

On June 3, 1975, the EEOC sent Missirli-an a document designated “Determination” finding no merit to her charges. The Determination concluded:

The “attachment” referred to was a letter to Missirlian which stated in full:

Missirlian did not contact Ms. Schlei. Instead, on the advice of an attorney, she informally…