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Report Link EEOC Charges Soar as the Economy Sours.Littler Mendelson, P.C. - May 01, 2009 It is certainly no secret that, during turbulent economic times, the number of discrimination claims tends to swell. Not only are more people out of work, but they are also financially motivated to explore their legal options. Report Link 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. Report Link Supreme Court Decides that EEOC Intake Questionnaire May Be a Charge of Discrimination.Ford & Harrison LLP - March 10, 2008 Is an intake questionnaire filed with the EEOC sufficient to be considered a discrimination charge? It depends. On February 27, the Supreme Court held by a 7-2 vote in Federal Express Corp. v. Holowecki that a former employee who filed an intake questionnaire supported by a detailed affidavit had filed a charge that entitled her to file an ADEA suit. The Supreme Court decided that a document filed with the EEOC that requests action to protect the employee’s rights or to settle a dispute with the employer constitutes a discrimination charge under the ADEA. Report Link Employer Waived Verifi cation Requirement by Not Raising it During EEOC Investigation (pdf).Ford & Harrison LLP - August 02, 2006 The Third U.S. Circuit Court of Appeals has held that an
employer who responded to an unverifi ed EEOC charge
and participated in the EEOC investigatory process
waived the right to raise the lack of verifi cation of the
charge as a defense to a lawsuit under the Americans
with Disabilities Act (ADA). See Buck v. Hampton Township
(June 30, 2006). Accordingly, the court reversed
the lower court’s decision dismissing the lawsuit. Report Link Ninth Circuit Affirms Summary Judgment Based On Employee's Failure to Exhaust EEOC Administrative Remedies.Ballard Rosenberg Golper & Savitt - June 15, 2002 In Freeman v. Oakland Unified School District, 2002 DJDAR 5750 (9th Cir. 5/24/2002), the Ninth Circuit held that summary judgment was properly granted in favor of the school district on the grounds that plaintiff failed to properly exhaust his administrative remedy.
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Employment 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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