Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

06-1322

Term

2007 Term

Oral Argument Date

November 06, 2007

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Questions Presented

Whether the Second Circuit erred in concluding, contrary to the law of several other circuits and implicating an issue this Court has examined but not yet decided, that an “intake questionnaire” submitted to the Equal Employment Opportunity Commission (“EEOC”) may suffice for the charge of discrimination that must be submitted pursuant to the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”), even in the absence of evidence that the EEOC treated the form as a charge or the employee submitting the questionnaire reasonably believed it constituted a charge.

Case Updates

Supreme Court clarifies EEOC charge filing requirements under the ADEA

February 27, 2008

The Supreme Court ultimately disagreed with NCLC and ruled that an “intake questionnaire” submitted to the EEOC may suffice as a charge of discrimination under the ADEA.

U.S. Chamber files amicus brief

August 09, 2007

NCLC urged the Supreme Court to reverse a Second Circuit decision that erroneously concluded that an “intake questionnaire” submitted to the EEOC may suffice as a charge of discrimination under the ADEA. In its brief, NCLC explained that in the absence of filing a formal charge, the EEOC will not notify the employer of an employee’s allegations. This process undermines the EEOC’s role as mediator and conciliator as intended by Congress, and robs the employer of the chance to settle claims with its employees prior to initiating costly and time consuming litigation.

Cert. petition granted

June 04, 2007

U.S. Chamber urges Supreme Court to review EEOC charge filing requirements under the ADEA

May 03, 2007

Click here to view the Chamber's brief.

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