D.C. Cir.: EEOC Questionnaire Satisfies Statute of Limitations

In what is a prelude to the Holowecki case pending before the Supreme Court, the D.C. Circuit Court of Appeals recently held that the filling out of an EEOC Questionnaire, rather than a formal charge of discrimination, can satisfy the claimant's obligation to meet the 180/300 day statute of limitation under Title VII.

In Carter v. Washington Metro. Area Transit Auth., No. 06-7174 (D.C. Cir. October 5, 2007), the D.C. Circuit found:

We reach our holding by applying the plain language of Title VII to the undisputed facts of this case, but our holding is consistent with the statute’s spirit as well. WMATA had notice of Carter’s allegation from the outset. A significant purpose of Title VII’s charge requirement is to notify the employer of the nature of the allegation . . . .

In this context, we note our decision does nothing to undermine Congress’s careful calibration of Title VII’s procedures. Carter’s October 25, 2004 questionnaire—along with the undisputed fact that the alleged discrimination occurred on July 6, 2004—fulfills the requirement of a filing within 180 days of the alleged discrimination. Accordingly, we reverse the district court’s dismissal of Carter’s complaint.

I concur and think that the combination of relying on both the plain language and the spirit of Title VII should carry the day.  It is also seems important, however, to this holding that the questionnaire filing be in the context where the employer already had notice of the employee complaint.

PS