Sufficiency of EEOC filing to meet statute of limitations.

Following the plaintiff's termination, she completed an intake questionnaire with the EEOC in which she alleged that she was terminated because of her age. In the questionnaire, the plaintiff indicated that she was seeking back pay and other relief. The actual Charge of Discrimination was not issued until later. The defendant sought to dismiss the claim based upon the argument that the Charge of Discrimination was not issued until after the expiration of the 300-day statute of limitations. In rejecting this contention, the District Court concluded that the intake questionnaire was sufficient to constitute a "charge" and that, since it was timely, the claim was valid.

Case Law Alert - 4th Qtr 2012