· 2/22/1982
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. DRESSER INDUSTRIES, INC., Defendant-Appellee
Citations
- 668 F.2d 1199
- 29 Fair Empl. Prac. Cas. (BNA) 249
- 1982 U.S. App. LEXIS 21621
- 28 Empl. Prac. Dec. (CCH) 32,458
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that unavailability of a witness is a classic element of undue prejudice
- noting that five years passed between the initial charge and the filing of the complaint, and more than a year and a half passed between the end of conciliation and the filing of the EEOC’s complaint
- distinguishing from EEOC suits properly barred by laches any suit brought by the EEOC “to prohibit [the employer] from pursuing a pattern of discrimination that is allegedly occurring [at the time of suit]”
- delay inexcusable where two and a half year delay between filing of EEOC charge and company’s receipt of copy of charge
- “ ‘Classic elements’ of undue prejudice include unavailability of witnesses, changed personnel, and the loss of pertinent records.”
- “Laches is an equitable doctrine designed to prevent unfairness to a defendant due to a plaintiff’s delay in filing suit in the absence of an appropriate statute of limitations.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Edenfield, Fay, Roney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.