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Civil Procedure Keyed to Babcock
Kremer v. Chemical Corp.
Citation:456 U.S. 461 (1982)
Plaintiff Kremer, a Polish immigrant, was hired by Defendant in 1973 but terminated in 1975 with a few other employees. Kremer reapplied for the same position several times but was denied, despite other people that were also terminated regaining their employment. Kremer filed a discrimination charge with the Equal Employment Opportunity Commission alleging he was not rehired because of his religion and national origin. The EEOC referred Kremer’s complaint to the New York Division of Human Rights (NYDHR). NYDHR determined that there was no probable cause showing that Defendant Chemical discriminated against Kremer. NYDHR’s board of appeals affirmed the decision, finding that it was not arbitrary or capricious. Kremer refiled his complaint with the EEOC and petitioned the New York Supreme Court to set aside NYDHR’s finding. The New York Supreme Court affirmed and Kremer did not seek review by the Court of Appeals of New York. The EEOC also found no cause to believe Defendant Chemical discriminated against Kremer. Kremer brought suit against Defendant Chemical in federal district court alleging a violation of Title VII. The federal court dismissed the claim citing res judicata. Kremer appealed and the U.S. Supreme Court granted certiorari.
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