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Report Link A Charge By Any Other Name: Supreme Court Upholds EEOC's Definition of "Charge" of Discrimination under the ADEA.Baker Hostetler LLP - April 11, 2008 In a 7-2 decision on February 27, 2008, in the case Federal Express Corp. v. Holowecki, the Supreme Court determined that an intake questionnaire submitted to the Equal Employment Opportunity Commission (EEOC) along with an affidavit requesting assistance constituted a "charge" as that term is defined by the EEOC under the Age Discrimination in Employment Act of 1967 (ADEA). Although the employer was unaware of the existence of the "charge" until after the age discrimination lawsuit was filed, the Court was unwilling to punish the claimant due to the inaction of the EEOC. Report Link Third Circuit Holds Employees Need Not File a Verified Charge of Discrimination with the EEOC.Littler Mendelson, P.C. - July 18, 2006 The Third Circuit Court of Appeals has found yet another way for the federal courts to retain jurisdiction over discrimination claims even though an employee fails to meet Title VII's and/or the ADA's statutory requirements. In Buck v. Hampton Township School District, No. 05-2373 (June 30, 2006) the Third Circuit held that although Title VII and the ADA expressly require plaintiffs to file a verified administrative charge with the EEOC before they can proceed with a lawsuit in federal court, an employer's failure to timely object that the EEOC charge was not verified under oath will waive this statutory requirement.
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ArticlesFound: 2 ArticlesNO SUBTOPICSEmployment Law Seminars
Top Tips to Protect Your Workplace From Violence
Webinar
November 10, 2009 HR Learning Center LLCWorkplace Change in the Obama EraColumbus
November 10, 2009 Littler2009 Employment Practices ConferenceUniversal City
November 10, 2009 Ballard RosenbergFall Employment Law Mini-SeriesTysons Corner
November 10, 2009 LittlerBusiness Continuity During the H1N1 OutbreakWebinar
November 10, 2009 Littler"Action Steps for Upcoming Open Enrollment" Free E-BriefingWebinar
November 10, 2009 Ford & HarrisonLabor and Employment Law SeminarLos Angeles
November 11, 2009 OgletreeHR Network 2009 | RestonReston
November 12, 2009 CooleyThe Labor & Employment Compliance Costs of Federal ContractingWebinar
November 12, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLa Jolla
November 12, 2009 Fisher & Phillips |
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