FRANK W. WILSON, District Judge.
This case presents an appeal from an order of the District Court dismissing a lawsuit instituted pursuant to Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.). The lawsuit was dismissed by the District Court upon the ground that it was not filed within the limitations period provided by statute. The issue presented upon this appeal is whether the District Court correctly construed and applied the statutory limitations period.
The limitations period applicable to the filing of a lawsuit of this nature is governed by § 706(e) of the Act [42 U.S.C. § 2000e-5(e)], this section providing in relevant part as follows:
It is the contention of the appellant that the foregoing statutory language is merely directory and not mandatory, since the permissive verb "may" rather than the mandatory verb "shall" is used. It is further contended that since the statute is remedial legislation designed to eliminate discrimination in employment, the Court should take a liberal view of jurisdictional prerequisites, including the time limitation for filing a lawsuit, and further the remedial purpose of the legislation by preserving the plaintiff's cause of action. Finally, it is contended that this Court should permit the late filing of the lawsuit under the circumstances of the case and as a matter of general equity jurisdiction. Citing cases construing time limitations applicable to the Equal Opportunity Commission in the performance of its functions as not limiting an aggrieved party in his access to the courts, Miller v. International Paper Co., 408 F.2d 283 (C.A. 5, 1969); Antonopulos v. Aerojet-General Corp., 295 F.Supp. 1390 (E.D. Cal., 1969), the appellant contends that these cases are persuasive authority in support of construing the 30 day limitation period here involved as permissive rather than mandatory. Citing a case involving a finding of extenuating circumstances tolling the statute, McQueen v. E.M.C. Plastic Co., 302 F.Supp. 881 (E.D. Tex., 1969), the appellant seeks, a similar finding in this case.
While uncertainties and ambiguities may exist in regard to other time limitations provided in the Civil Rights Act of 1964, there appears no such uncertainty or ambiguity with regard to the 30 day limitation here involved. The statute clearly provides that "* * * a civil action may, within thirty days thereafter, be brought * * *" The permissive verb "may" refers to the option of the aggrieved party to bring a lawsuit, not to a discretion in the Court to receive the case following the expiration of 30 days. A similar conclusion was reached in the case of Choate v. Caterpillar Tractor Co., 402 F.2d 357 (C.A. 7, 1968).
As regards judicial extension of the time limitation to further the remedial purpose of the legislation, it is sufficient to cite the following language from the United States Supreme Court case of Kavanagh v. Noble, 332 U.S. 535, 68 S.Ct. 235,
Finally, as regards the appellant's contention that the 30 day limitation should here be extended on general equitable principles, suffice it to say that there is no allegation or showing in the record of circumstances justifying a tolling of the statute on recognized equitable principles. The rights here sought to be asserted are of a statutory nature. Compliance with the statutory requirements is a prerequisite to the institution of a civil action based on the statute. The judgment of the District Court will be affirmed.