Marin County Chapter of National Organization for Women v. County of Marin

ORDER GRANTING MOTION TO DISMISS AND TO DECERTIFY

Defendant County of Marin has moved this court for an order dismissing the case as to named plaintiffs Hall and Roberts on the grounds that neither of these persons filed timely EEOC charges as required by 42 U.S.C. section 2000e-5. Defendant further contends that since Hall and Roberts are the only proper class representatives in this case, 1 the class tentatively certified at the hearing of September 25, 1978, should now be decertified for lack of a class representative. Plaintiffs have attempted to argue that no EEOC charge is required where a co-plaintiff has filed a timely charge, that plaintiff being, in this case, the Marin County Chapter of the National Organization for Women (“NOW”). In addition, plaintiffs have argued that since defendant stipulated to the filing of an amended complaint adding Hall and Roberts as plaintiffs, defendant may not now complain that Hall and Roberts are not proper plaintiffs. For the reasons discussed below, the court grants the defendant’s motion to dismiss and to decertify.

On the timeliness of the EEOC charge, the law is clear. The failure to file a timely charge is jurisdictional and bars…