United States Supreme Court
Fed. Express Corp. v. Holowecki, 06-1322
In an Age Discrimination in Employment Act case involving the question of whether Fed Ex courier's filing of an intake questionnaire and affidavit with the EEOC was a "charge" under the Act so as to allow the filing of a civil action, the Court defers to the EEOC's interpretation for the proper test for determining whether a filing is a charge. Specifically, in addition to the information required by the implementing regulations, if a filing is to be deemed a charge it must be reasonably construed as a request for the agency to take remedial action to protect the employee's rights or otherwise settle a dispute between the employer and the employee. In this case, the filings constituted such a charge and the circuit court correctly reversed dismissal of the case.
Appellate Information
- Decided 02/27/2008
- Published 02/27/2008
Judges
Court
- United States Supreme Court