Strategic HR Lawyer

The Supreme Court recently ruled that when a complainant completes and intake questionnaire with the EEOC and the EEOC does nothing with it, it does not preclude the complainant from then bringing a claim of discrimination in Federal District Court.  In Federal Express v. Holowecki, the claimant went to the EEOC and completed the EEOC's intake questionnaire.  The EEOC did not issue a charge of discrimination and provide it to the employer.  Thus, the employer was unaware of the claim.  Next thing.... the employer was being sued in Federal Court as the claimant was able to successfully circumvent the EEOC's internal process.

Here's a good point raised by John Hyman of the Ohio Employer's Law Blog:

"My problem with this ruling is that Fed Ex never had any meaningful way to respond to the Intake Questionnaire. That form was never sent to it, and it had no notice that a proceeding had even been initiated until after the actual charge was filed 6 months hence. Thus, an employee can proceed to federal court on an age discrimination class action lawsuit, without the employer, who had no notice that a charge had even been filed with the EEOC, having the benefit of trying to settle the claim pre-lawsuit."