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EEOC Filing Rules: The Supreme Court Will Decide

EEOC Filing Rules: The Supreme Court Will Decide

Posted by Frank Steinberg | Nov 12, 2007 | 0 Comments

The New York Times reports that in Federal Express Corporation v. Holowecki the US Supreme Court will decide an arcane but important question: whether the filing of what is technically the wrong EEOC form when making a complaint of discrimination is enough to defeat the plaintiff's claim in court.  It's interesting in a technical kind of way, but unlikely to carry the day for Federal Express, the defendant.  Courts like to see cases decided on their merits, not technicalities.  The law abounds with examples of this policy preference.  Especially since those who complain to the EEOC usually do not have legal training, it is unlikely that the Court will deprive them of their day in court as long as they have provided enough information to the EEOC to give the employer fair notice of what they are claiming. 

We will let you know when a decision comes down.

About the Author

Frank Steinberg

Frank is the founder and principal of Steinberg Law, LLC. A Jersey boy born and bred, he focuses on employment litigation and counseling, business litigation,  and aviation law. Following law school and a clerkship in the federal district court Frank spent his early career with large litigation ...


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