From The National Campaign to Restore Civil Rights, a non-partisan movement working to ensure that our courts protect and preserve equal justice, fairness, and opportunity.
The Supreme Court last week voted to preserve the rights of workers to access the Equal Employment Opportunity Commission (EEOC). The 7-2 ruling in Federal Express Corp. v. Holowecki marks a positive shift in the court's view of workplace discrimination, serving as a needed shot of reason in the wake of Ledbetter v. Goodyear Tire Co. At issue is what constitutes a sufficient complaint to the EEOC before an employee can bring a private lawsuit.
Under the Age Discrimination in Employment Act (ADEA), employees who feel they have been discriminated against must first file a formal charge with the EEOC and then wait sixty days before seeking redress from the court. The EEOC itself doesn't define "formal charge." The Commission publishes two relevant forms: an intake questionnaire and a formal charge form; but, its own regulations broadly specify: "A charge shall be in writing and shall name the prospective respondent and shall generally allege the discriminatory act(s)." Seemingly, the only requirement is that you find a napkin, name the respondent, and jot down what happened.
14 Fed Ex employees felt that the company had adopted policies that discriminated against older workers, violating the ADEA . One of the fourteen fired off a completed intake questionnaire form to the EEOC, but the Commission never notified FedEx that a formal charge had been filed. Over sixty days later, the employees filed suit. Fed Ex tried to have the case dismissed, arguing that the employees failed to file a formal complaint sixty days before approaching the court.The trial court agreed with Fed Ex and tossed the case, but was later reversed by the Second Circuit Court of Appeals.
Just last week the Supreme Court sided with the workers. Writing for the majority, Justice Kennedy endorsed our napkin approach, arguing that "it was "consistent with the purposes" of the Age Discrimination in Employment Act to allow the initial complaint to be submitted on a form that was "easy to complete," or even as "an informal document, easy to draft."
This is a welcome departure from the Ledbetter decision, which senselessly charges employees with discovering and reporting discrimination within 180 of the first offense. Interestingly, three Justices who supported the Ledbetter decision - Roberts, Alito, and Kennedy - voted this time to protect workers. The Justices could have further restricted the rights of workers to seek redress on a purely procedural basis, but they instead surprised us all and voted to defend worker's rights.