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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
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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