Irwin v. Department of Veterans Affairs

Chief Justice Rehnquist delivered the opinion of the Court.

In April 1986, petitioner, Shirley Irwin, was fired from his job by the Veterans’ Administration (VA), which was subsequently redesignated as respondent Department of Veterans Affairs. Irwin contacted an equal employment opportunity [*91] counselor and filed a complaint with the VA, alleging that the VA had unlawfully discharged him on the basis of his race and physical disability. The VA dismissed Irwin’s complaint, and the Equal Employment Opportunity Commission (EEOC) affirmed that decision by a letter dated March 19, 1987. The letter, which was sent to both Irwin and his attorney, expressly informed them that Irwin had the right to file a civil action under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. §2000e et seq., within 30 days of receipt of the EEOC notice. According to Irwin, he did not receive the EEOC’s letter until April 7, 1987, and the letter to his attorney arrived at the attorney’s office on March 23, 1987, while the attorney was out of the country. The attorney did not learn of the EEOC’s action until his return on April 10, 1987.

Irwin filed a complaint in the United States District Court for the Western District of Texas on May 6, 1987, 44 days after the EEOC notice was received at his attorney’s office, but 29 days after the date on which he claimed he received the letter. The complaint alleged that the VA discriminated against him because of his race, age, and handicap, in violation of 42 U. S. C. §2000e et seq.; 81 Stat. 602, as amended, 29 U. S. C. §621 et seq.; 87 Stat. 390, as amended, 29 U. S. C. §791 et seq.; and the First and Fifth Amendments. Respondent VA moved to dismiss, asserting, inter alia, that the District Court lacked jurisdiction because the complaint was not filed within 30 days of the EEOC’s decision as specified in 42 U. S. C. § 2000e-16(c). The District Court granted the motion.