In Johnson v. Railway Express Agency, Inc., the U.S. Supreme Court ruled that filing a complaint with the Equal Employment Opportunity Commission (EEOC) does not toll the statute of limitations for filing a lawsuit under Section 1981 of the Civil Rights Act of 1866. The plaintiff, Johnson, had filed an EEOC complaint alleging racial discrimination by his employer but did not file a lawsuit until after the two-year statute of limitations period had passed. He argued that his EEOC claim should have tolled this period and allowed him to proceed with his suit. However, in its decision issued in 1974, the court disagreed and held that these were separate remedies which must be pursued independently within their respective timeframes.

In the dissenting opinion for Johnson v. Railway Express Agency, Inc., Justice Powell argued that the majority's decision to separate Title VII and Section 1981 claims into distinct legal avenues was misguided. He contended that this separation could potentially lead to confusion and inconsistency in lower courts due to the overlapping nature of these two civil rights statutes. Furthermore, he expressed concern over potential abuse by plaintiffs who might strategically delay filing a lawsuit under one statute until after they have exhausted their remedies under another statute. This, according to him, would undermine Congress' intent in establishing time limits for bringing discrimination claims forward. Therefore, he disagreed with the majority's interpretation of how these laws should be applied concurrently.