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.