This section contains the nature of the case and procedural background.

Kremer emigrated from Poland in 1970 and was hired in 1973 by respondent Chemical Construction Corp. (Chemico) as an engineer. He was laid off, along with a number of other employees and some of those employees were later rehired, but Kremer was not. In May 1976, Kremer filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC), asserting that his discharge and failure to be rehired were due to his national origin and Jewish faith. After investigating Kremer's complaint, the state agency concluded that there was no probable cause to believe that Chemico had engaged in the discriminatory practices complained of. A District Director of the EEOC ruled that there was no reasonable cause to believe that the charge of discrimination was true and issued a right-to-sue notice. Kremer then brought this Title VII action in District Court, claiming discrimination on the basis of national origin and religion. Chemico argued from the outset that Kremer's Title VII action was barred by the doctrine of res judicata. The District Court initially denied Chemico's motion to dismiss. Several months later the Second Circuit extended the Mitchell rule to Title VII cases. The District Court then dismissed the complaint on grounds of res judicata. The Court of Appeals affirmed.

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