EEOC administrative exhaustion requirement met for all claims that naturally arise out of the facts set forth in the EEOC charge, even when not specifically asserted.

The plaintiff filed a complaint premised upon a claim of age discrimination under the ADEA and following the EEOC’s issuance of a right to sue letter. The employer sought dismissal of a portion of the complaint based upon the argument that the conduct at issue had not been raised as part of the EEOC Charge. In denying the motion to dismiss, the court held that if the facts at issue were expected to “grow out of” those alleged in the charge, then it could naturally be considered part of it, even when not specifically alleged. The plaintiff filed a complaint premised upon a claim of age discrimination under the ADEA and following the EEOC’s issuance of a right to sue letter. The employer sought dismissal of a portion of the complaint based upon the argument that the conduct at issue had not been raised as part of the EEOC Charge. In denying the motion to dismiss, the court held that if the facts at issue were expected to “grow out of” those alleged in the charge, then it could naturally be considered part of it, even when not specifically alleged. 

^{Case Law Alerts, 2nd Quarter, April 2019}

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