Intake Questionnaire Plus Affidavit Constituted EEOC "Charge" For Purposes Of ADEA
The United States Supreme Court
has affirmed a Second Circuit decision as to what constitutes an Equal
Employment Opportunity Commission (EEOC) "charge" for purposes of the waiting
period for filing suit under the Age Discrimination in Employment Act (ADEA).
First, the Supreme Court held that the EEOC acted within its authority in
formulating a rule that a filing is deemed a "charge" if the document reasonably
can be construed to request agency action and appropriate relief on the
employee's behalf. Second, it determined that an employee's filing of an "Intake
Questionnaire," together with a signed affidavit, constituted a "charge."
Federal Express Corp.
v. Holowecki