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Federal Express v. Holowecki: EEOC Charge Defined | Tim Coffield Attorney
a Federal Express v. Holowecki: EEOC Charge Defined by tcattorneycom | Jul 12, 2021 | Supreme Court |
In Fed. Exp. Corp. v. Holowecki, 552 U.S. 389, 128 S. Ct. 1147 (2008), the Supreme Court held that for an employee’s filing with the Equal Employment Opportunity Commission to be deemed a “charge” under the Age Discrimination in Employment Act, it must be reasonably construed as a request for the agency to take remedial action to protect the employee’s rights or otherwise settle a dispute between the employer and the employee.
Statutory Background The Age Discrimination in Employment Act of 1967 (ADEA) requires that “[n]o civil action … be commenced … until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Opportunity Commission” (EEOC), 29 U.S.C. § 626(d), but does not define the term “charge.”
Facts timcoffieldattorney.com/2021/07/federal-express-v-holowecki-eeoc-charge-defined/
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