Kremer v. Chemical Corp.

Rubin Kremer (plaintiff), a Polish immigrant, was laid off by Chemical Corp. (Chemico) (defendant) in 1975 and, despite repeatedly reapplying while other laid-off employees were rehired, was never brought back. Kremer filed an EEOC discrimination charge alleging he wasn't rehired because of his religion and national origin; the EEOC referred it to the New York State Division of Human Rights (NYHRD), which found no probable cause, a finding its board of appeals affirmed as not arbitrary or capricious. Kremer petitioned the New York Supreme Court to set aside that determination, which affirmed it, and he did not seek further review from the New York Court of Appeals. The EEOC likewise found no cause and issued Kremer a right-to-sue letter, after which Kremer sued Chemico in federal court under Title VII; the district court dismissed on res judicata grounds, and the Supreme Court granted certiorari.