United States Third Circuit

In a case addressing whether documents submitted to the Equal Employment Opportunity Commission (EEOC) by an employee qualified as a "charge" within the meaning of Age Discrimination in Employment Act (ADEA), summary judgment for employer based on a lack of administrative exhaustion is vacated and remanded where: 1) plaintiff submitted an EEOC form containing multiple references to itself as a charge; and 2) he also attached an affidavit which referred to the "instant charge filed on behalf of all persons similarly situated", clearly evincing that he was seeking legal relief.

Appellate Information

• Argued 02/08/2008
• Decided 06/03/2008
• Published 06/03/2008

Judges

• Before:  McKEE, AMBRO and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ari R. Karpf, Esquire (Argued), Karpf, Karpf & Virant, Bensalem, PA, for Appellant., Ronald S. Cooper, General Counsel, Lorraine C. Davis, Acting Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Susan L.P. Starr, Esquire (Argued), Equal Employment Opportunity Commission, Washington, D.C., for Amicus-Appellant.


• For Appellees:
  
• Cary L. Flitter, Esquire (Argued), Theodore E. Lorenz, Esquire, Lundy, Flitter, Beldecos & Berger, Narberth, PA, for Appellee.