Friday, November 2, 2007

Grossman on Holowecki

Grossman Joanna Grossman (Hofstra) has written on FindLaw's Writ about the upcoming oral arguments in the ADEA procedure case of Holowecki.

Here are some highlights:

The U.S. Supreme Court will hear argument next week in Federal Express Corp. v. Holowecki. The case considers what procedures a plaintiff must follow in order to successfully invoke her rights under the Age Discrimination in Employment Act (ADEA) - the federal law that prohibits employers from discriminating against employees aged 40 and over on the basis of age . . . .

Here, Patricia Kennedy, a FedEx employee, filed an intake questionnaire (Form 283), supported by an affidavit outlining her claims, on December 3, 2001; filed a lawsuit in federal court on April 30, 2002; and filed an EEOC charge (Form 5) on May 30, 2002.

After the questionnaire was filed, the EEOC did not notify FedEx of her claim, nor did it attempt to bring about a voluntary resolution of the claims, as it is supposed to do . . . .

Kennedy argued in response, however, that her earlier-filed intake questionnaire was itself sufficient to constitute a "charge" with the EEOC, and thus her subsequent lawsuit, filed more than four months after she filed her intake questionnaire, was timely.

At stake in Holowecki: what constitutes a proper charge for EEOC purposes? Should be an interesting case with the SG actually siding with the plaintiffs in this one.


Employment Discrimination | Permalink

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