• United States Supreme Court Decides Two Employment Discrimination Cases
  • March 13, 2008 | Author: David B. Jordan
  • Law Firm: Fulbright & Jaworski L.L.P. - Houston Office
  • Employee's Completed EEOC Intake Questionnaire Can Constitute "Charge of Discrimination" An intake questionnaire filed with the Equal Employment Opportunity Commission ("EEOC") can be sufficient to trigger the 60-day waiting period for filing a lawsuit under the Age Discrimination in Employment Act ("ADEA"), the United States Supreme Court decided yesterday in Federal Express Corp. v. Holowecki. Under the ADEA, an employee must wait 60 days after filing a "charge" of unlawful age discrimination with the EEOC before the employee files a lawsuit.[1] This waiting period provides an opportunity for the EEOC to investigate the charge and an opportunity for conciliation between the aggrieved employee and the employer. Historically, if an employee brought a lawsuit before the expiration of 60 days, the lawsuit might be dismissed.