A Charge, By Any Other Name, Is Still A Charge: High Court Adopts Broad Definition In Age Cases

The United States Supreme Court has adopted a very broad definition of what constitutes a "charge" for purposes of federal discrimination suits. The ruling is a victory for employees, essentially making it easier for them to sue their employers for discrimination. It is also an example of the judiciary's general reluctance to dismiss a case based on what might be considered a technicality.

In Federal Express Corp. v. Holowecki, No. 06-1322 (Feb. 27, 2008), the Court ruled that the completion of an EEOC Intake Questionnaire with a supporting affidavit satisfied the mandatory charge prerequisite under the Age Discrimination in Employment Act (ADEA). One of the plaintiffs in the case filed a formal Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) but only after she sued the former employer, FedEx, for age discrimination in federal court. The ADEA requires that a charge be filed with the EEOC before a lawsuit can be filed against the employer, and it specifically imposes a 60-day waiting period after the charge is filed before litigation can be commenced. Accordingly, the trial court dismissed the complaint. The Second Circuit Court of Appeals reversed the decision and the Supreme Court affirmed the Second Circuit allowing the suit against FedEx to proceed based on its conclusion that the plaintiff's Intake Questionnaire and affidavit satisfied the statutory charge requirement.

Procedural Background

There were 14 plaintiffs in the case, each alleging age discrimination by FedEx in violation of the ADEA. None of them filed a timely Charge of Discrimination with the EEOC before pursuing their claims in court. One of them did file an EEOC Intake Questionnaire and an affidavit. Other plaintiffs relied upon those filings to satisfy their statutory obligation to first seek redress through the EEOC. The completed questionnaire included, among other things, a general allegation of age discrimination by FedEx. The affidavit included a request that the EEOC "force Federal Express to end their age discrimination plan."

The ADEA provides that "[n]o civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Opportunity Commission.1 That section also provides that, upon receipt of a charge, the EEOC "shall promptly notify" the employer named in the charge and "shall promptly seek to eliminate any alleged unlawful...