Legal Alert: Supreme Court Decides that EEOC Intake Questionnaire May Be a Charge of Discrimination

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Is an intake questionnaire filed with the EEOC sufficient to be considered a discrimination charge? It depends. On February 27, the Supreme Court held by a 7-2 vote in Federal Express Corp. v. Holowecki that a former employee who filed an intake questionnaire supported by a detailed affidavit had filed a charge that entitled her to file an ADEA suit. The Supreme Court decided that a document filed with the EEOC that requests action to protect the employee?s rights or to settle a dispute with the employer constitutes a discrimination charge under the ADEA.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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