For ADEA Purposes, A Filing Is A 'Charge'

Law360, New York (June 4, 2008, 12:00 AM EDT) -- On Feb. 27, 2008, The Supreme Court issued its decision in Federal Express Corp. v. Holowecki, 552 U.S. ___ (2008).

The Court held that, for purposes of the administrative filing requirements of the Age Discrimination in Employment Act (“ADEA”), a “charge” is any document filed with the EEOC that identifies the complainant and the employer, alleges discriminatory acts, and can be reasonably construed by an objective observer to request agency action and appropriate relief.

The Court deferred to the EEOC’s definition of what constitutes a “charge”...
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