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Jones v. Calvert Group Ltd., 4th Cir., No. 07-1680, 1/05/09

Articles Discussing Case:

4th Circuit - Retaliatory Discharge Claim May Not Have to Be Specified in EEOC Charge.

Ogletree Deakins • January 14, 2009
Before an individual may file a lawsuit under Title VII or the ADEA, he or she is required to file (or cross-file) a charge of discrimination with the EEOC. The charge is legally sufficient only if it describes with particularity the parties and the actions or practices of which the individual is complaining. The scope of a plaintiff’s right to file a federal lawsuit is determined by the contents of that charge; that is, the lawsuit must be based upon the claims described in the charge, or reasonably related to those described in the charge. Typically, a claim submitted to federal court will be dismissed if the EEOC charge alleges one basis of discrimination, and the formal litigation alleges another, unrelated basis.