This is a pro se action seeking reinstatement and damages for alleged employment discrimination. Appellant Kenil Goss was employed by USV Pharmaceutical Corporation, a wholly owned subsidiary of Revlon, until March 7, 1972, when he was dismissed. He filed charges with the Equal Employment Opportunity Commission ("EEOC") on March 20, 1973, more than six months after the expiration of the 180 day period of limitations provided for by statute. 42 U.S.C. § 2000e-5(e). The claim was thus dismissed as untimely. Disappointed with the administrative process, appellant began an action in the United States District Court for the Southern District of New York in December, 1973, seeking relief under Title VII of The Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The failure to file timely charges with the EEOC was, of course, a jurisdictional bar to this proceeding as well. Weise v. Syracuse University, 522 F.2d 397, 411-12 (2d Cir. 1975).
Appellant sought leave to amend his complaint, in accordance with Fed.R.Civ.P. 15(a), on three occasions, the last time on September 18, 1974. On September 22, 1975, without receiving permission from the court, he proceeded to file an amended complaint. In it, he alleged myriad new causes of action, under 42 U.S.C. §§ 1981, 1983, 29 U.S.C. § 621 and the Thirteenth Amendment; in addition, he moved for class action status.
42 U.S.C. § 1981 provides a related remedy to Title VII for private discrimination in employment. Johnson v. Railway Express Agency, Inc., 421 U.S. 454, 459-60, 95 S.Ct. 1716, 44 L.Ed.2d 295 (1975). Although parallel to Title VII, and directed in part at the same illegal practices, § 1981 was not preempted by Title VII, but continues in full force and effect. Alexander v. Gardner-Denver Co., 415 U.S. 36, 47-49, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974). Moreover, the failure of a claimant to properly pursue his administrative remedies before the EEOC and the appropriate state agency, as happened here, does not preclude him from instituting an action under § 1981. See Macklin v. Spector Freight Systems, 478 F.2d 979, 996-97 (D.C.Cir. 1973). Thus, appellant's failure to meet the jurisdictional requirements of Title VII does not preclude his cause of action under § 1981.
At the outset, we note that inasmuch as the claim under 42 U.S.C. § 1981 arises out of the same "transaction or occurrence" set forth in the original complaint, it would relate back, for purposes of the statute of limitations, under Fed.R.Civ.P. 15(c). Since the original complaint was filed within the applicable three-year statute of limitations, Thomas Kaiser v. Cahn, 510 F.2d 282, 284 (2d Cir. 1974), the § 1981 claim would itself be timely. Therefore, if the amended complaint was allowed, it would state a timely § 1981 cause of action.
It may be that Judge Owen in granting the cross-motion to dismiss intended, sub silentio, to deny Goss' motion for leave to amend.
We remand to the district court for a determination of appellant's motion for leave to amend and, if granted, for further proceedings in accordance with this opinion. As to appellant's other arguments, we affirm the judgment of dismissal.