David L. KIRK, Plaintiff-Appellant, v. ROCKWELL INTERNATIONAL CORPORATION, Defendant-Appellee

Although I agree with the result reached by the majority, I cannot concur with the reasoning. The majority opinion’s discussion of Johnson v. Railway Express Co. (1975) 421 U.S. 454, 95 S.Ct. 1716, 44 L.Ed.2d 295, assumes that judicial decisions announcing a new application of a statutory rule will not ordinarily be applied retroactively. That assumption is directly contrary to controlling authority. I strongly disagree with the majority’s dictum to the effect that 42 U.S.C. § 2000e-5(f)(l) may require the EEOC to issue right-to-sue letters within 180 days of the filing of a complaint. That…