Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
06-1322
Term
2007 Term
Oral Argument Date
November 06, 2007
Questions Presented
Whether the Second Circuit erred in concluding, contrary to the law of several other circuits and implicating an issue this Court has examined but not yet decided, that an “intake questionnaire” submitted to the Equal Employment Opportunity Commission (“EEOC”) may suffice for the charge of discrimination that must be submitted pursuant to the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”), even in the absence of evidence that the EEOC treated the form as a charge or the employee submitting the questionnaire reasonably believed it constituted a charge.
Case Updates
Supreme Court clarifies EEOC charge filing requirements under the ADEA
February 27, 2008
The Supreme Court ultimately disagreed with NCLC and ruled that an “intake questionnaire” submitted to the EEOC may suffice as a charge of discrimination under the ADEA.
U.S. Chamber files amicus brief
August 09, 2007
NCLC urged the Supreme Court to reverse a Second Circuit decision that erroneously concluded that an “intake questionnaire” submitted to the EEOC may suffice as a charge of discrimination under the ADEA. In its brief, NCLC explained that in the absence of filing a formal charge, the EEOC will not notify the employer of an employee’s allegations. This process undermines the EEOC’s role as mediator and conciliator as intended by Congress, and robs the employer of the chance to settle claims with its employees prior to initiating costly and time consuming litigation.
Cert. petition granted
June 04, 2007
U.S. Chamber urges Supreme Court to review EEOC charge filing requirements under the ADEA
May 03, 2007
Click here to view the Chamber's brief.
Case Documents
- Federal Express Corporation v. Holowecki, et al. (NCLC Brief Supporting Cert.).pdf
- Federal Express Corporation v. Holowecki, et al. (NCLC Brief on Merits).pdf