Age Discrimination Claims Could Blindside Employers

Law360, New York (July 18, 2007, 12:00 AM EDT) -- This fall, the Supreme Court will hear arguments on what constitutes a “charge” for the Equal Employment Opportunity Commission (EEOC).

At issue is a decision from the Second Circuit Court of Appeals that establishes a new standard—contrary to that of other circuits—that would render an intake questionnaire a filed “charge” any time the questionnaire purports to “communicate [the employee’s] intent to activate the EEOC administrative process,” regardless of what representations the EEOC may have made concerning the status of the questionnaire and regardless of whether notice...
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