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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 Loose Lips, Pink Slips and the EEOC's Asserted Right to Sue on Individually Barred Claims.Helms Mulliss & Wicker - July 28, 2005 As a general rule, in order to bring a viable lawsuit under the Age Discrimination in Employment Act (ADEA) and other federal non-discrimination statutes, a claimant must first file a timely charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or an applicable state deferral agency. Failure to pursue such administrative remedies is akin to failing to file an action within the statute of limitations, such that a plaintiff’s claims are effectively barred. 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. Report Link When A Charge Is Filed Against My Company.Equal Employment Opportunity Commission - February 13, 2001 Outlines the charge filing and investigation process, with topics including "What can I expect to happen in an EEOC investigation?", "What records am I required to keep if I receive an EEOC charge?", and "What does the EEOC do if it determines that a violation of the law has occurred?" Report Link Filing a Charge. Equal Employment Opportunity Commission - (No Date) Discusses procedures for filing an EEOC charge.
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Employment Law Seminars
UNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)
Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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