In the case of Zipes et al. v. Trans World Airlines, Inc., 1981, the U.S. Supreme Court ruled that filing a timely charge of discrimination with the Equal Employment Opportunity Commission (EEOC) is not a jurisdictional prerequisite to suing under Title VII of the Civil Rights Act of 1964 but rather it's a requirement subject to waiver and equitable tolling. The case arose when flight attendants sued Trans World Airlines (TWA), alleging sex discrimination because TWA required female flight attendants, but not males, to remain unmarried as a condition for employment during their first five years on duty. However, they had failed to file charges with EEOC within 90 days after receiving notice from TWA about this policy change as required by law before bringing suit in federal court under Title VII. Despite this failure, the Supreme Court held that their claim could proceed because strict adherence to procedural requirements should not prevent an examination into substantive claims if equity so requires.

In the dissenting opinion for Zipes et al. v. Trans World Airlines, Inc., Justice Powell argued that the majority's decision to allow a lawsuit under Title VII of the Civil Rights Act without timely filing with Equal Employment Opportunity Commission (EEOC) was incorrect and inconsistent with previous rulings. He contended that this requirement is not merely procedural but jurisdictional, meaning it determines whether a court has authority to decide on a case or not. By allowing exceptions based on equitable considerations, he believed that the Court had effectively rewritten an important provision of Title VII in contradiction to Congress' intent when they enacted it into law. Furthermore, he expressed concern about potential negative implications such as encouraging late filings and increasing uncertainty in employment discrimination litigation.