Charles

Charles v. Garrett

Good Law
12 F.3d 870·93 Daily Journal DAR 16083·1993 WL 522510·63 Empl. Prac. Dec. (CCH) 42,722·63 Fair Empl. Prac. Cas. (BNA) 702
United States Court of Appeals for the Ninth CircuitDecember 20, 1993No. 92-15743California2,362 words

Opinion

Lead Opinion

Trott, J.

The plaintiffs filed a class complaint with the Department of Navy alleging racial discrimination. For more than ten years, their case vacillated between the Navy and the Equal Employment Opportunity Commission (“EEOC”), until the Navy cancelled the class complaint for failure to prosecute. The plaintiffs filed in district court pursuant to 42 U.S.C. § 2000e-16(c) (1988). ■ The district court granted the defendant’s motion to dismiss for failure to exhaust administrative remedies. Plaintiffs appeal, arguing that because they cooperated in the administrative process for more than 180 days, they were entitled to file in district court, even if they failed to cooperate in the administrative process after the 180 days elapsed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and reverse.

I

On January 30, 1979, the plaintiffs filed a class complaint with the Department of Navy pursuant to Section 717 of Title VII of the *872 Civil Rights Act. 42 U.S.C. § 2000e-16 (1988). They alleged that the Navy Supply Center Oakland discriminated against African Americans in “promotions, classification decisions, training opportunities, and other terms and conditions of employment.” The class…

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