EEOC Can Investigate Despite Private Suit: 9th Circ.

Law360, New York (September 11, 2008, 12:00 AM EDT) -- The U.S. Equal Employment Opportunity Commission is allowed to investigate charges of discrimination even after the complaining employee files a private lawsuit against the accused employer, the U.S. Court of Appeals for the Ninth Circuit has ruled for the first time, in a case involving Federal Express Corp.

The Ninth Circuit ruling on Wednesday takes issue with a prior Fifth Circuit decision and opens a circuit split on the question.

Affirming a decision by the U.S. District Court for the District of Arizona to enforce a...
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