Lener T. MILLARD, Plaintiff-Appellant, v. LA POINTE’S FASHION STORE, INC., Defendant-Appellee

Appellant Lener Millard filed a timely charge with the Equal Employment Opportunity Commission alleging that she had been denied consideration for employment by Appellee, LaPointe’s Fashion Store, Inc., on account of her race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The Commission ultimately determined that efforts to resolve ' the matter were unsuccessful and issued Millard a right-to-sue letter, pursuant to 42 U.S.C. § 2000e-5(f)(l), on July 24, 1981. The letter notified Millard that she had ninety days in which to file a civil action in the appropriate district court. On August 10, 1981, Millard came to the district clerk’s office for the United States District Court for the Eastern District of Texas and requested that she be referred to an attorney. No further action was taken by either the clerk’s office or Millard for almost ten months. On June 1, 1982, in response to a telephone inquiry by Millard, a law clerk from the District Court referred her to the offices of the East Texas Legal Services. On September 2,1982, Millard’s complaint was filed in the District Court for the Eastern District of Texas. On September 28, 1982, the…